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Collins Kisivuli v. Republic

(2020) JELR 98396 (CA)

Court of Appeal  •  Criminal Appeal 29 of 2016  •  3 Apr 2020  •  Kenya

Coram
Jamila Mohammed, Agnes Kalekye Murgor, Stephen Gatembu Kairu

Judgement

JUDGMENT OF THE COURT

The appellant, Collins Kisivuli, was charged in the Principal Magistrate’s court with the offence of defilement of a child contrary to section 8(1) and (4) of the Sexual Offences Act No. 3 of 2006.

The particulars of the offence were that on the 5th July 2013 in Vihiga County intentionally and unlawfully defiled a girl child namely VA by causing penetration of his genital organ, namely penis into the genital organ namely vagina of VA a child aged 17 years.

The appellant was also charged with an alternative offence of Indecent Act with a child contrary to section 11 (1) of the same Act, the particulars of which were that the appellant intentionally and unlawfully caused his genital organ to make contact with the genital organ of the complainant, VA a girl child aged 17 years.

The appellant denied the offence, and merely stated that he was not responsible for defiling the complainant.

After hearing the evidence and the submissions of the parties, the trial court found t…

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