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(2019) JELR 105574 (CA)

Court of Appeal  •  Criminal Appeal 13 of 2017  •  25 Jul 2019  •  Kenya

Erastus Mwaniki Githinji Hannah Magondi Okwengu Jamila Mohammed



[1] This is an appeal arising from the judgment of the High court, (Kimondo, J) dismissing the appellant’s appeal, against his conviction and sentence by the Resident Magistrate’s Court in Eldoret, for the offence of defilement contrary to section 8(1)&(2) of the Sexual Offences Act. The victim of the offence was EN (name withheld) a child alleged to be 8 years old.

[2] During the trial, four witnesses testified. These included EN her guardian PNM (P), Doctor Cynthia Kibet (Dr. Kibet) of Moi Teaching and Referral Hospital and PC John Kimanga of Kiambaa Police Station who was the arresting officer.

[3] The facts leading to the appellant’s conviction were that the appellant was employed as a domestic worker cum herd’s boy at the home of EN. On the material day EN and her five year old sister were in the house alone, when the appellant went to the house. Upon confirming that there was no one else in the house, he took EN to her bedroom, asked her to undress and lie…

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