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Adan Muraguri Mungara v. Republic

(2010) JELR 105540 (CA)

Court of Appeal  •  Criminal Appeal 347 of 2007  •  14 May 2010  •  Kenya

Riaga Samuel Cornelius Omolo, Daniel Kennedy Sultani Aganyanya, Philip Nyamu Waki



Adan Muraguri Mungara (Adan), now 50 years old, is serving a twenty year term of imprisonment after his conviction for the offence of defilement of a girl contrary to section145(1) of the Penal Code. The charge sheet upon which Adan was tried before Nanyuki Senior Resident Magistrate (R.N. Muriuki) alleged that: “On the 19th day of September 2004 at in Laikipia district of the Rift Valley Province unlawfully had carnal knowledge of C.N a girl under the age of 16 years.” There was also an alternative count of indecent assault on a female contrary to section 144(1) of the Penal Code, based on the same facts, but alleging that Adan touched the complainant’s private parts. It is not clear when the charge sheet was placed before the court as it indicates on the face of it that Adan was arrested on 22nd September, 2004 and was taken to court on 30th September, 2004 while another endorsement thereon shows that he was taken to court on 4th April 2005. We shall revert to t…

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