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AMJ v. Republic

(2019) JELR 105694 (CA)

Court of Appeal  •  Criminal Appeal 50 of 2015  •  31 Jul 2019  •  Kenya

Milton Stephen Asike Makhandia, James Otieno Odek, Patrick Omwenga Kiage



1. The appellant, AMJ, was arraigned before the magistrate’s court and charged with the three counts namely: defilement contrary to Section 8 (1) and (3) of the Sexual Offences Act; deliberate transmission of HIV disease contrary to Section 26 (1) of the Sexual Offences Act and committing an indecent act with a child contrary to Section 11 (1) of the Sexual Offences Act.

2. The particulars in Count I were that on the 21st day of October 2013 at in Suba district within Homa Bay County, the appellant intentionally and unlawfully caused his penis to penetrate the vagina of LAO a girl child of 14 years of age. The particulars in Count II were that on the same day 21st October 2013 while having actual knowledge that he was infected with HIV he knowingly caused penetration of his genital organ into the vagina of LAO. The particulars in Count III were that on the same date within the same county and sub location, the appellant intentionally and unlawfully caused his hands…

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