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ANTONY ODHIAMBO OJWANG V. REPUBLIC

(2020) JELR 105678 (CA)

Court of Appeal  •  Criminal Appeal 115 of 2015  •  31 Jan 2020  •  Kenya

Coram
Martha Karambu Koome JA William Ouko JA Fatuma sichale JA

Judgement

JUDGMENT OF THE COURT

The appellant, Antony Odhiambo was charged with the offence of defilement contrary to section 8 (1) as read with Section 8 (3) of the Sexual Offences Act No. 3 of 2006. The particulars were that on 3rd May, 2010 in Rongo District of the then Nyanza Province, he caused penetration with his genital organ to a child, CAM (name withheld). There was an alternative charge of an indecent act with a child contrary to section 11(1) of the Sexual Offences Act No. 3 of 2006. The particulars of the alternative charge being that on the same day at the same place, the appellant committed an indecent act with a child, namely CAM (name withheld) by touching her genital organ.

In a trial conducted by Nyakundi, the then Senior Resident Magistrate, Rongo Law Courts and the subsequent judgment rendered on 10th December, 2010, the appellant was found guilty of the charge of defilement contrary to section 8 (1) as read with section 8 (3) of the Sexual Offences Act, 2006 and sentenced to…

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