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Benard Embenzi v. Republic

(2018) JELR 105770 (CA)

Court of Appeal  •  Criminal Appeal 101 of 2015  •  8 Nov 2018  •  Kenya

Erastus Mwaniki Githinji, Hannah Magondi Okwengu, Jamila Mohammed



[1] The appellant was convicted by the Senior Resident Magistrate, Kitale of the offence of defilement contrary to section 8 (2) of the Sexual Offences Act and sentenced to life imprisonment. His appeal to the High Court against conviction and sentence was dismissed. He now appeals to this Court against the judgment of the High Court dismissing his appeal.

[2] The particulars of the charge alleged that on 18th November, 2008, the appellant caused his genital organ to penetrate into the genital organ of RC (name withheld), a girl aged five years. The prosecution called six witnesses including the child RC.

The child (complainant), (PW2), stated that on the material day, she, the appellant and other people were harvesting maize in her father’s farm. The appellant who was an employee at the home found her alone at one end of the farm and took her to his house where he did “Tabia mbaya” to her. She demonstrated at the trial what the appellant did to her. According to th…

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