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Charles Kahiro Ng'ang'a v. Republic

(2009) JELR 103298 (CA)

Court of Appeal  •  Criminal Appeal 33 of 2008  •  6 Mar 2009  •  Kenya

Johnson Evan Gicheru, Riaga Samuel Cornelius Omolo, Erastus Mwaniki Githinji



Charles Kahiro Ng’ang’a, the appellant herein, was tried and convicted by a Principal Magistrate at Nakuru on a charge of defilement of a girl under the age of sixteen years contrary to the then Section 145 (1) of the Penal Code. The particulars contained in that charge were that on 16th October, 2003 at Mbaruk Estate in Nakuru District of the Rift Valley Province, the appellant unlawfully had carnal knowledge of GW K, a girl under the age of sixteen years. There were two other charges but it appears the appellant was acquitted on them. Upon his conviction on the defilement charge, the magistrate sentenced him to fourteen years imprisonment. He appealed to the High Court against the conviction and sentence but that court (Kimaru, J.) by its judgment dated 8th February, 2008 dismissed the appeal against the conviction and confirmed the sentence of fourteen years.

The appellant now comes to this Court by way of a second appeal and that being the position, the Court c…

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