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(2017) JELR 102757 (CA)

Court of Appeal  •  Criminal Appeal 17 of 2015  •  7 Jun 2017  •  Kenya

Philip Nyamu Waki, Roselyn Naliaka Nambuye, Patrick Omwenga Kiage



The appellant Denis Kinyua was charged, tried and convicted before the Principal Magistrate’s court at Runyenjes, for the offence of defilement contrary to section 8(1) as read with section 8(3), of the Sexual Offences Act No.3 of 2006 (SOA). The particulars were that on the 27th day of January, 2014 in Embu County, intentionally and unlawfully caused his penis to penetrate the vagina of DGN, a child aged 8 years.

The brief facts were that, on the material date at about 4.00pm DGN, headed home from [Particulars Wthheld] Primary School alone (the school). On the way, she met the appellant, a boda boda operator whom she knew very well as Njeru. He invited her to his motor cycle, pretending to take her home. Instead, he detoured into the maize plantation of Mumbi, removed her pants, removed his trouser, defiled her, gave her Kshs. 500/= and threatened to kill her if she disclosed the defilement perpetrated against her. In obedience to the threat, DGN took the money, w…

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