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Dennis Abuya v. Republic

(2010) JELR 97900 (CA)

Court of Appeal  •  Criminal Appeal 164 of 2009  •  19 Mar 2010  •  Kenya

Coram
Riaga Samuel Cornelius Omolo, John walter Onyango Otieno, Joseph Gregory Nyamu

Judgement

JUDGMENT OF THE COURT

Dennis Abuya, the appellant herein, was tried and convicted on a charge of defilement of a girl contrary to section 8 (1) as read with section 8 (2) of the Sexual Offences Act, No. 3 of 2006. The particulars of that charge were that on 19th June, 2007 in Emuhaya District in Western Province, the appellant had carnal knowledge of one J.M, a girl aged five years. At the time the offence was allegedly committed, the appellant was a Form Three student at A Secondary School. For some reason which is not quite clear from the record, he was not in school on the day the offence charged was committed; he was operating some kiosk at L. The trial of the appellant was between 21st June, 2007 and 15th July, 2008 when he was convicted and sentenced to life imprisonment. On the day he was sentenced, the appellant told the Magistrate that he was eighteen years old, which would mean that on the date of the alleged offence, i.e. 19th June, 2007, he would have been about seventeen y…

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