Customer Support

JACKTONE OTIENO ONYANGO
V.
REPUBLIC

(2019) JELR 98300 (CA)

Court of Appeal 7 Oct 2019 Kenya
BriefBot icon

BriefBot Summary

Free

Get an AI-generated summary of this case.

Case Details

Suit Number:Criminal Appeal 123 of 2015
Judges:Milton Stephen Asike Makhandia, James Otieno Odek, Kathurima M'inoti
Location:Kisumu
Other Citations:Jacktone Otieno Onyango v. Republic [2019] eKLR

JUDGMENT OF THE COURT

1. Jacktone Otieno Onyango, the appellant, was charged with defilement contrary to Section 8 (1) as read with Section 8 (2) of the Sexual Offences Act. The particulars are that on the 29th day of December 2011 at [particulars withheld] North Sub-location in Mfangano North Location within Homa Bay County, he intentionally caused his penis to penetrate the vagina of LAO a child aged 11 years. The appellant faced an alternative count of committing an indecent act with a child contrary to Section 11 (1) of the Sexual Offences Act.

2. On 30th December 2011, the appellant was arraigned before the trial magistrate for the taking of plea. The record shows that the charge was read to the appellant in Dholuo language and he stated that he understood the charge. Responding to the charge as read, the appellant replied “It is true. I picked mangoes for her, she ate and after that I had sex with her as she agreed to do anything for me after eating the mangoes.” The trial magistr…

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 77,000 cases, recent judgments, statutes, and rules of court.