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JTK
V.
REPUBLIC

(2019) JELR 97409 (CA)

Court of Appeal 17 Oct 2019 Kenya
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Case Details

Suit Number:Criminal Appeal 75 of 2018
Judges:Roselyn Naliaka Nambuye, Milton Stephen Asike Makhandia, James Otieno Odek
Location:Eldoret
Other Citations:JTK v. Republic [2019] eKLR

JUDGMENT OF THE COURT

1. The appellant, JKT, was charged with eight Counts of incest by male person contrary to Section 20 (1) of the Sexual Offences Act. He was convicted on Count I and III and acquitted on the other counts.

2. The particulars in support of Count I were that on the 20th day of November 2009 in Nandi South District of the Rift Valley Province, he caused his penis to penetrate the vagina of DC a girl aged nine years old being a person who was known to his knowledge to be his daughter.

3. The particulars in support of Count III were that on the 20th day of November 2009 in Nandi South District of the Rift Valley Province, he did cause his penis to penetrate the vagina of VC a girl aged five years old being a person who to his knowledge he knew to be his daughter.

4. The prosecution case against the appellant was principally founded and grounded upon the testimony of the complainants and their mother and the clinical officer who examined the complainants.

5. Martha Chebet (PW…

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