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David Okerosi v. Republic

(2014) JELR 105265 (CA)

Court of Appeal  •  Criminal Appeal 216 of 2010  •  4 Apr 2014  •  Kenya

David Kenani Maraga, Erastus Mwaniki Githinji, Joseph Raphael Karanja



The appellant was convicted by the Senior Resident Magistrate Kisii of the offence of defilement of a girl contrary to section 8(1) as read with section 9(2) of the sexual offences Act and sentenced to sixteen years imprisonment. His appeal to the High Court against conviction and sentence was dismissed and in addition the sentence was enhanced to life imprisonment.

The appellant was alleged to have defiled L.K. (the child) on 8th October 2007. The age of the child was assessed by a doctor as 7 years about six months after the date of the alleged offence. The child was a primary school pupil in Class 4. The child is an orphan. His mother is a daughter of TN (Pw3) (T). The child placed into the custody of the appellant by the child's uncle upon the death of her mother. The appellant is a son-in-law of T as he is married to M the youngest daughter of T. The appellant had leased land in Kilgoris and built a house. He moved there with his wife and the child. His mother…

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