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PETER NTHUSI MUSYOKA
V.
REPUBLIC

(2018) JELR 94382 (CA)

Court of Appeal 26 Jan 2018 Kenya
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Case Details

Suit Number:Criminal Appeal 26 of 2016
Judges:Philip Nyamu Waki Patrick Omwenga Kiage Agnes Kalekye Murgor
Location:Nairobi
Other Citations:Peter Nthusi Musyoka v. Republic [2018] eKLR

JUDGMENT OF THE COURT

The appellant is serving a life sentence after conviction for the offence of defilement contrary to section 8 (1) as read with section 8 (2) of the Sexual Offences Act, by Kithimani Acting Senior Resident Magistrate, (Hon. M. A. O. Opanga) on 12th September, 2013. His first appeal to the High Court (L. N. Mutende, J.) was dismissed on 29th January, 2015, and he is now before us on his second and final appeal.

The concurrent findings of fact made by the two courts below which led to the conviction are fairly brief. At about 6 p.m on the 16th November, 2012, at [particulars withheld] of Mwala in Machakos County, seven year-old MW, who briefly testified as PW1, was sent by her mother, PW2, to her uncle's home to buy tomatoes. On her way back home PW1 met the appellant who told her he would give her a sweet which was behind a thicket nearby. He led her to the thicket where he defiled her. As he did so, a neighbour, PW5, who was walking home from [particulars withheld],…

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