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SAHALI OMAR
V.
REPUBLIC

(2017) JELR 93918 (CA)

Court of Appeal 22 Jun 2017 Kenya
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Case Details

Suit Number:Criminal Appeal 44 of 2016
Judges:Alnashir Ramazanali Magan Visram, Martha Karambu Koome, Wanjiru Karanja
Location:Mombasa
Other Citations:Sahali Omar v. Republic [2017] eKLR

JUDGMENT OF THE COURT

Sahali Omar (“appellant”) was arraigned before the Chief Magistrates’ Court at Malindi, charged in two separate but identical cases, being Malindi Cr. case No.s 8 and 9 of 2010. In each case, he faced two charges, namely defilement of a girl contrary to section 8(3) of the Sexual Offences Act No. 3 of 2006 and alternately, indecent act contrary to section 11(1) of the Sexual Offences Act No. 3 of 2006.

The charges and particulars in Malindi Cr. case No. 8 of 2010 read as follows:-

“Defilement of a girl contrary to section 8(3) of the Sexual Offences Act No. 3 of 2006: On diverse dates between the month of August, 2009 and 12th March, 2010 at [Particulars withheld] within Malindi District of the Coast Province, intentionally and unlawfully committed an act which causes (sic) the penetration of your genital organ into the genital organ of A W, a girl aged 12 years old’

In the alternative;

‘Indecent act contrary to section 11(1) of the Sexual Offences Act No. 3 of 2006: …

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