Customer Support

JARSON ONDUSO OYUKO
V.
REPUBLIC

(2014) JELR 97767 (CA)

Court of Appeal 19 Sep 2014 Kenya
BriefBot icon

BriefBot Summary

Free

Get an AI-generated summary of this case.

Case Details

Suit Number:Criminal Appeal 29 of 2013
Judges:John walter Onyango Otieno JA Festus Azangalala JA Sankale ole Kantai JA
Location:Kisumu
Other Citations:Jarson Onduso Oyuko v. Republic [2014] eKLR

JUDGMENT OF THE COURT

The appellant in this appeal Jarson Onduso Oyuko was charged before the Senior Resident Magistrate's Court at Bondo with the offence of defilement of a child contrary to Section 8 (4) of the Sexual Offences Act No. 3 of 2006 in that:

“On the 13th day of February 2009, at [particulars withheld] sub-location in Rarieda District within Nyanza Province, unlawfully and intentionally committed an act, which caused penetration with M M a child of the age of 8 years.”

There was also alternative count of Indecent Act with a child contrary to Section 11 (1) of the Sexual Offences Act Number 3 of 2006 in which the date and the place of the offence and the complainant were the same. He denied both the main charge and the alternative and the trial proceeded with the prosecution availing four witnesses whereas the appellant apparently gave unsworn statement in his defence. We say “apparently” because when the court, in compliance with the provisions of Section 211 of the Criminal…

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.