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SHADRACK MAINA MWANGI
V.
REPUBLIC

(2021) JELR 113494 (CA)

Court of Appeal 17 Dec 2021 Kenya
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- The appellant was convicted by the Chief Magistrate’s Court at Nanyuki for defilement contrary to section 8(1), as read with section 8(2), of the Sexual Offences Act No. 3 of 2006, involving a 10-year-old victim whom he allegedly defiled

Case Details

Suit Number:CRIMINAL APPEAL NO. 11 OF 2016
Judges:D.K. MUSINGA, JA ROSELYN NAMBUYE, JA S. ole KANTAI, JA
Location:Nyeri

JUDGMENT

1.This is a second appeal arising from the judgment of M. Kasango, J. in the High Court of Kenya at Nanyuki in Criminal Appeal No. 3 of 2015 dated 14th April, 2016.

2.The background to the appeal, albeit in a summary form, is that the appellant was arraigned before the Chief Magistrates’ Court at Nanyuki in Criminal Case No. 123 of 2012 on a charge of defilement contrary to section 8(1) as read with subsection (2) of the Sexual Offences Act No. 3 of 2006. The particulars of the offence were that on the 23rd December, 2011 at [Particulars Withheld] village in Nyeri County within the Republic of Kenya, he intentionally and unlawfully caused his penis to penetrate the vagina of JWW a child aged 10 years. He also faced an alternative charge of indecent act with a child contrary to section 11(1) of the Sexual Offences Act No. 3 of 2006. The particulars were that on the same date and place, he unlawfully did an indecent act with JWW a child aged 10 years by touching her private organ…

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