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MARK OIRURI MOSE
V.
REPUBLIC

(2013) JELR 97657 (CA)

Court of Appeal 20 Dec 2013 Kenya
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- The appellant, Mark Oiruri, was initially charged in the Principal Magistrate’s Court at Nyamira with defilement of a 6-year-old girl, contrary to Section 8(1)(2) of the Sexual Offences Act No. 3 of 2006, and, in the alternative, with ind

Case Details

Suit Number:Criminal Appeal 295 of 2012
Judges:John walter Onyango Otieno, Festus Azangalala, Sankale ole Kantai
Location:Kisumu
Other Citations:Mark Oiruri Mose v. Republic [2013] eKLR

JUDGMENT OF THE COURT

As on or about 9th December, 2008, the complainant in this case, L B M (PW1) said she was six years old. That was confirmed by her mother J N (PW2). On 11th November, 2008, about a month before the date she gave evidence in court, during day time, she, and one G M were inside Nyambage's maize farm looking for weeds for their cow. The appellant, whom she said she knew as Mark Oiruri and as one who was then working at M's farm approached her at the time when G had gone to their grandmother's house to get a sweater. The appellant put her down, removed her underpants and removed his trouser as well. He then went between her legs and had sexual intercourse with her. She felt a lot of pain and started crying. The appellant then left her but apparently after he had ejaculated for L said in evidence that she saw some water substance from her private parts after the appellant had had sexual intercourse with her. L went home and told G what the appellant had done to her. Sh…

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