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Daniel Njenga Wainaina v. Republic

(2019) JELR 102893 (CA)

Court of Appeal  •  Criminal Appeal 9 of 2017  •  21 Jun 2019  •  Kenya

Milton Stephen Asike Makhandia, Agnes Kalekye Murgor, Stephen Gatembu Kairu



1. Daniel Njenga Wainaina, the appellant, was charged with three counts of the offence of defilement contrary to Section 8(1) (2) of the Sexual Offences Act.

The particulars of the offence under Count I and Count II were that on 30th October 2012 and on 4th November 2012, respectively, at [particulars withheld] village in Kiambu County, he caused his genital organ (penis) to penetrate the vagina of RWN a girl aged 10 years. Under Count III, the particulars were that on 30th October 2012 he defiled MNK, a girl aged 8 years. To each of the three counts were three alternative charges of committing an indecent act with the said minors contrary to Section 11(1) of the Sexual Offences Act. He was tried before the Magistrates’ Court at Limuru and convicted on the three main counts in a judgment delivered on 2nd October 2014 and sentenced to life imprisonment. His first appeal before the High Court was dismissed by Kimaru, J. in a judgment delivered on 8th March 2016.

2. In…

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