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JOSPHAT KANUKU NGUI NZIOKA
V.
REPUBLIC

(2020) JELR 100534 (CA)

Court of Appeal 21 Feb 2020 Kenya
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Case Details

Suit Number:Criminal Appeal 14 of 2018
Judges:Martha Karambu Koome, Roselyn Naliaka Nambuye, Sankale ole Kantai
Location:Nairobi
Other Citations:Josphat Kanuku Ngui Nzioka v. Republic [2020] eKLR

JUDGMENT OF THE COURT

The appellant was charged with the offence of defilement contrary to Section 8(1) as read with Section 8 (3) of the Sexual Offences Act No. 3 of 2006. The particulars of the offence were that on the 13th of June, 2013 at a place named in the charge sheet, the appellant intentionally and unlawfully caused his penis to penetrate the vagina of JM, a child aged 6 years. He was also charged with the alternative count of committing an indecent act with a child c/section 11(1) of the Sexual Offences Act particulars being that on the said date and the said time he committed an act which caused his penis to come into contact with the vagina of the child.

The prosecution called six witnesses in support of its case during the trial.

The prosecution evidence was that JM who was 6 years old at the material time was living with her mother and grandmother, the appellant was their neighbour. On 13th June 2013, JM’s grandmother had left her alone in the house and gone to church. The…

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