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Daniel Mugambi v. Republic

(2016) JELR 102904 (CA)

Court of Appeal  •  Criminal Appeal 37 of 2014  •  18 Jul 2016  •  Kenya

Philip Nyamu Waki, Roselyn Naliaka Nambuye, Patrick Omwenga Kiage



The complainant D M (D) was a deaf and dumb girl who could only communicate through either a sign language or through a written communication. On the 10th January, 2010 at about 8.00 pm. D requested D her mother for permission to go and say hallo to her grandmother who apparently lived in the same homestead, which request D acceded to. She had been instructed to return early for supper. She delayed. Both D and PW2 M M a househelp to the grandmother became concerned. A search was mounted for her in the homestead. She was traced in the room where the appellant who was a worker in the homestead lived.

According to D and M they found the door of the said house not locked. With the help of a torch light, D and M saw the appellant standing in the room wearing a T.Shirt with his trouser unzipped and his pants on the bed, while D was seated on the bed but fully dressed. When questioned as to what had happened, between them, the appellant responded that nothing had happened…

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