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Dennis Muthee Chokera v. Republic

(2010) JELR 102751 (CA)

Court of Appeal  •  Criminal Appeal 487 of 2007  •  25 Jun 2010  •  Kenya

Samuel Elikana Ondari Bosire, Erastus Mwaniki Githinji, Joseph Gregory Nyamu



Before the trial court, Senior Resident Magistrate’s Court at Nanyuki the appellant was charged with offence of defilement of a girl under the age of 16 years contrary to section 145 (1) of the Penal Code. He faced an alternative charge of indecent assault of a female contrary to section 144 (1) of the Penal Code. The particulars of the charge were that on 5th April 2005 at N [particulars withheld]Market in Timau Division, Meru Central District in the Eastern Province, the appellant unlawfully had carnal knowledge of IW a girl under the age of 16 years. The particulars of the alternative charge were that on the same day at N[particulars withheld] Market, the appellant unlawfully and indecently assaulted I W by touching her on her private parts. After full trial the appellant was convicted and sentenced to twenty (20) years imprisonment in the main count. Vexed by the verdict the appellant filed an appeal against both conviction and sentence in the superior court. …

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