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KENNEDY ODHIAMBO OURU
V.
REPUBLIC

(2020) JELR 97710 (CA)

Court of Appeal 24 Jul 2020 Kenya
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Case Details

Suit Number:Criminal Appeal 63 of 2015
Judges:Wanjiru Karanja, Fatuma sichale, Patrick Omwenga Kiage
Location:Kisumu
Other Citations:Kennedy Odhiambo Ouru v. Republic [2020] eKLR

JUDGMENT OF THE COURT

On a rain-soaked night of 28th to 29th August 2010, VAM, a thirteen-year old girl was asleep in the house she shared with her elderly and blind grandmother. She had latched the door from the inside, for their security. Alas, it was not enough.

At some unknown hour of that night she was awakened by a sound. Like young Samwel of the Old Testament she asked if her much elder companion had called her. The response she got was the strangling grasp of hands around her neck. Her grandmother, roused by the commotion, struggled and freed VAM from the vice-like grip of a male intruder who had entered into their house through the window he had broken. The man, determined and undeterred, grabbed VAM by the neck and dragged her out of the house, past the garden nearby, through a fence and out towards the hills.

Out there in the bushes, the man reached for and tore VAM’s panties before felling her to the muddy ground where he pinned her, pulled out and inserted his penis into her…

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