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P (NOT HIS REAL NAME)
V.
REPUBLIC

(2021) JELR 113574 (CA)

Court of Appeal 17 Dec 2021 Kenya
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Case Details

Suit Number:CRIMINAL APPEAL NO. 106 OF 2019
Judges:HANNAH OKWENGU, JA MILTON STEPHEN ASIKE MAKHANDIA, JA FATUMA SICHALE, JA
Location:Eldoret

JUDGMENT

[1] The appellant before us, whose real name we have withheld and whom for the purpose of this appeal we shall refer to as P, is husband to a woman whose real name we have also withheld, but for the purpose of this appeal refer to as J. Together they have several children, including a girl, who was at the material time aged 6 years and whom for the purpose of this appeal, we shall refer to as L.

[2] On 25th July, 2010, J left her house to go to the market to buy clothes for her children. She left the children, including L with their father P. J came back home at around 1.00 p.m. Her daughter L was not at home and J learnt that L was at the house of her uncle, one I. When L came back, J noticed that her daughter was gloomy and did not appear excited by the clothing that she had bought her. The next day L went to school and came back. It was then that J received information from her brother in law I, implicating P of sexually assaulting L.

[3] J took L to one Margaret, who deals w…

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