Customer Support

MESHACK WANDERA MASII
V.
REPUBLIC

(2020) JELR 97638 (CA)

Court of Appeal 31 Jan 2020 Kenya
BriefBot icon

BriefBot Summary

Free

Get an AI-generated summary of this case.

Case Details

Suit Number:Criminal Appeal 30 of 2016
Judges:Milton Stephen Asike Makhandia, James Otieno Odek, Patrick Omwenga Kiage
Location:Kisumu
Other Citations:Meshack Wandera Masii v. Republic [2020] eKLR

JUDGMENT OF THE COURT

1. Meshack Wandera Masii was charged with defilement contrary to Section 8 (1) (3) of the Sexual Offences Act No. 3 of 2006. The particulars are that on the 14th day of September 2009 at about 7.00 am at [Particulars Withheld] Village Matungu Location in Mumias District within Western Province unlawfully had carnal knowledge of SN a girl aged 8 years. He faced an alternative charge of indecent act with a girl contrary to Section 11 (1) of the Sexual Offences Act No. 3 of 2006. The particulars are that on the 14th day of September 2009 at about 7.00 am at [Particulars Withheld] Village Matungu Location in Mumias District within Western Province unlawfully and indecently touched the private parts, namely vagina, of SN a girl aged 8 years.

2. The prosecution case rested on the testimony of the complainant, SN (PW1) who after voire dire examination gave an unsworn evidence. The trial magistrate recorded that SN was a girl of tender years who was intelligent, did not kn…

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 77,000 cases, recent judgments, statutes, and rules of court.