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DAO v. Republic

(2020) JELR 102991 (CA)

Court of Appeal  •  Criminal Appeal 157 of 2019  •  25 Sep 2020  •  Kenya

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



1. The appellant, DAO, was charged with the offence of incest contrary to Section 20(1) of the Sexual Offences Act. He was tried before the Magistrate’s court at Thika and convicted in a judgment delivered on 27th February 2012. He was sentenced to life imprisonment. His first appeal to the High Court was dismissed in a judgment delivered on 16th December 2014.

2. The particulars of the charge were that on 1st May 2011 within Kiambu County, he intentionally and unlawfully caused his penis to penetrate the vagina of BW, a child aged 10 years, who, to his knowledge was his niece.

3. The prosecution called four witnesses. BW testified as PW1. Her testimony was that her parents died when she was very young after which she went to live with her grandmother at Murera. The appellant, who is her uncle by virtue of being her late father’s brother, was also living with them in her grandmother’s house. From sometime in 2009, the grandmother would be away and would only return …

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