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Cleophas Ochieng Otieno v. Republic

(2010) JELR 106824 (CA)

Court of Appeal  •  Criminal Appeal 328 of 2009  •  24 Sep 2010  •  Kenya

Coram
Johnson Evan Gicheru, John walter Onyango Otieno, Erastus Mwaniki Githinji

Judgement

JUDGMENT OF THE COURT

The appellant was convicted by the Ag. Senior Resident Magistrate at Bondo (E. S. Olwande, Esq.) (SRM) of Defilement of a girl under the age of 11 years contrary to Section 8 (2) of the Sexual Offences ActNo. 3 of 2006 and sentenced to life imprisonment. His subsequent appeal against conviction and sentence to the superior court at Kisumu was dismissed. Thus, this is his second and last appeal.

The particulars of the charge alleged, among other things, that on 6th May, 2007, the appellant defiled P.A.J (victim) a girl under the age of 11 years. Three witnesses testified in support of the charge, namely, M.A.J (M) (PW1) the mother of the victim, P.A.J (PW2) the victim, and Redemta (PW3) a clinical officer who examined the victim.

M.A testified in brief that on the material day at 7 a.m., she left her three children including the victim at home and went to the river to wash clothes and when she returned at 10 a.m. she noticed that the victim was walking with a limp…

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