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Boaz Kipleting Kemboi v. Republic

(2016) JELR 104099 (CA)

Court of Appeal  •  Criminal Appeal 209 of 2013  •  29 Apr 2016  •  Kenya

Coram
David Kenani Maraga, Agnes Kalekye Murgor, Stephen Gatembu Kairu

Judgement

JUDGMENT OF THE COURT

The appellant, Boaz Kipleting Kemboi, was charged in the Chief Magistrates’ Court at Eldoret with the offence of defilement contrary to section 8 (2) as read with section 8(3) the Sexual Offences Act No. 3 of 2006, the particulars of which were that on 7th August 2010, within the former Rift Valley province the appellant did unlawfully and intentionally cause his genital organ (penis) to penetrate the genital organ (vagina) of the complainant, MJ, PW1 a girl aged 5 years.

He also faced an alternative charge of indecent act contrary to section 11(1) of the Sexual Offences Act, the particulars of which were that on the same day and place he intentionally and unlawfully caused his penis to come into contact with her vagina.

By way of a brief outline of the facts, MJ testified that on 7th August 2010 the appellant had taken her in a maize plantation where after he removed her trousers and underpants laid on top of her and defiled her. On 9th August 2010 MJ’s mother noti…

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