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JESSE ONYIMBO OCHIENG
V.
REPUBLIC

(2019) JELR 100996 (CA)

Court of Appeal 3 Jul 2019 Kenya
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Case Details

Suit Number:Criminal Appeal 27 of 2012
Judges:Milton Stephen Asike Makhandia JA James Otieno Odek JA Patrick Omwenga Kiage JA
Location:Kisumu
Other Citations:Jesse Onyimbo Ochieng v. Republic [2019] eKLR

JUDGMENT OF THE COURT

1. The appellant, Jesse Onyimbo Ochieng, was charged with the offence of defilement contrary to Section 8 (1) and (3) of the Sexual Offences Act. The particulars were that on diverse dates between 13th May 2011 at [particulars withheld] within Nyanza Province, the appellant intentionally and unlawfully caused his penis to penetrate the vagina of PAO, a juvenile aged 15 years.

2. In support of the prosecution case, PAO (PW1) testified as follows:

I am a pupil at xxx Primary School. I am in class 6. I was born in 1996...... I do recall on 13th May 2011 at 9.00 pm., I left with Atieno and another to a funeral. Atieno and the other disappeared at that funeral. There was a disco. I decided to go to the disco. Jesse Onyimbo came to me and told me to go with him to his home. Jesse found me at the beach where I had gone with the other girls. These other girls disappeared and left me. Jesse met me at the beach where there was a disco. This was at 11.00 pm. Jesse forced me to…

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