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JAMES NGANGA NDUNGU
V.
REPUBLIC

(2016) JELR 101098 (CA)

Court of Appeal 7 Oct 2016 Kenya
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Case Details

Suit Number:Criminal Appeal 39 of 2015
Judges:Erastus Mwaniki Githinji, Sankale ole Kantai, Fatuma sichale
Location:Nairobi
Other Citations:James Nganga Ndungu v. Republic [2016] eKLR

JUDGMENT OF THE COURT

The appellant James Nganga Ndungu was charged with the offence of defilement of a girl between age of 12 and 15 years contrary to section 8(1)(3) of the Sexual Offences Act No. 3 of 2006. Particulars of the offence being that on the 25th day of August, 2009 at [particulars withheld] in the then Kiambu West District he intentionally and unlawfully caused his penis to penetrate the vagina of “M.W.N.” a girl aged 13 years. There was an alternative charge of indecent act with a child contrary to section 11(1) of the said Act particulars being that he caused his genital organ to touch that of the said child.

A trial took place before the Resident Magistrate, at Kikuyu and in a judgment delivered on 7th February, 2011 the appellant was convicted of the main offence and a sentence of 20 years’ imprisonment was imposed. A first appeal to the High Court of Kenya at Nairobi (Mary M. Gitumbi, J.) failed in a judgment delivered on 15th November, 2013 and that provoked this app…

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