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A.M.G v. Republic

(2013) JELR 105547 (CA)

Court of Appeal  •  Criminal Appeal 15 of 2010  •  7 Oct 2013  •  Kenya

Erastus Mwaniki Githinji, Milton Stephen Asike Makhandia, Fatuma sichale



The appellant was convicted by the Senior Resident Magistrate Malindi of the offence of defilement contrary to section 8(3) of the Sexual Offences Act and sentenced to 20 years imprisonment.

The appellant had also been charged with a second count of compelled or Induced Indecent Act contrary to section 6(9) of the Sexual Offences Act. Apparently the trial Magistrate did not make any finding in respect of the second count.

The prosecution case was briefly as follows:

The complainant M Y (PW1) was living with her grandmother D K Y (D) she was a Standard Four pupil at [Particulars withheld] Primary School.

The appellant was a neighbour and a pastor at [Particulars withheld].

On the morning of 13th October, 2006 the appellant went to the complainant's home. He requested her to accompany him to a laundry and both went to the laundry owned by K K (PW2)(K) at Majengo Mpya. The appellant removed some clothes from a bag and left them with K for ironing. He told K that the compl…

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