DAVID GACHOGI MWAI V. REPUBLIC
(2016) JELR 104352 (CA)
Court of Appeal
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Criminal Appeal 42 of 2013
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2 Mar 2016
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Kenya
Coram
Philip Nyamu Waki, Sankale ole Kantai, Patrick Omwenga Kiage
Judgement
<p class="ql-align-justify">JUDGMENT OF THE COURT</p><p class="ql-align-justify">The appellant David Gachogi Mwai was charged, tried, convicted and sentenced to life in prison by the Baricho Senior Resident Magistrate on a charge of defilement contrary to Section 8 (1) of the Sexual Offences Act No. 3, of 2006 in that on the 10<sup>th</sup> day of May 2009 at <em>[particulars withheld]</em> Village, Kerugoya West District within the former Central Province, he defiled G.W.M a child aged 6 years. He faced an alternative count of indecent act with a child contrary to Section 11 (1) of the same Act in that at the same place and time, he inserted a finger into the girl's vagina.</p><p class="ql-align-justify">Aggrieved by that conviction and sentence, the appellant appealed against both to the High Court at Kerugoya (H. I. Ongudi J) which, by a judgment delivered on 25<sup>th</sup> July 2013, dismissed it, hence this appeal by which the appellant, in self-crafted grounds, has faulted the learned judge as having erred in law by:</p><p>Failing to hold that the complainant's age was not proved, documentary evidence not…</p>