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HARUN WAWERU WANJIRU
V.
REPUBLIC

(2021) JELR 101641 (CA)

Court of Appeal 19 Feb 2021 Kenya
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Case Details

Suit Number:Criminal Appeal 83 of 2015
Judges:Daniel Kiio Musinga, William Ouko, Jamila Mohammed
Location:Nyeri
Other Citations:Harun Waweru Wanjiru v. Republic [2021] eKLR

JUDGMENT OF THE COURT

1. Harun Waweru Wanjiru, the appellant herein, was convicted by the Chief Magistrates’ Court at Nyeri for the offence of defilement of a girl aged 10 years contrary to section 8(1) as read with section 8(2) of the Sexual Offences Act No. 3 of 2006 and sentenced to life imprisonment. His first appeal to the High Court was unsuccessful hence this second appeal before us.

2. In a second appeal, our jurisdiction is limited to a consideration of issues of law as prescribed under section 361 of the Criminal Procedure Code. See M’Riungu v. Republic [1983] KLR 455.

3. A brief recount of the facts that led to this appeal is necessary.

4. The prosecution’s case was that on 1st October 2011 at [particulars withheld] Village in Nyeri District, the appellant caused his penis to penetrate the vagina of M.N.M, a child of 10 years. The complainant testified that prior to the said defilement the appellant had attempted to kiss her a number of times; that on the material day at about …

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