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DKG v. Republic

(2020) JELR 102964 (CA)

Court of Appeal  •  Criminal Appeal 32 of 2019  •  22 May 2020  •  Kenya

Coram
Hannah Magondi Okwengu, Milton Stephen Asike Makhandia, Mohammed Abdullahi Warsame

Judgement

JUDGMENT OF THE COURT

The appellant, DKG, was charged in the chief magistrate’s court with the offence of defilement of contrary to Section 8(1) as read with Section 8(2) of the Sexual Offences Act. The particulars of the offence being that:

“On the 2nd day of June 2014 in Gatundu South Sub County within Kiambu County, intentionally and unlawfully did an act which caused penetration with the genital organ namely penis into the genital organ namely vagina of TWK a child aged 4 years.”

The appellant also faced an alternative charge of indecent act with a child contrary to section 11(1) of the Sexual offences Act. The particulars of the alternative charge are that:

“On the 2nd day of June 2014 in Gatundu South Sub County, intentionally and unlawfully touched the buttocks of TWK a child aged 4 years old with his hands.”

The appellant denied both charges prompting the trial in which the prosecution called a total of six (6) witnesses while the appellant was the sole witness for the defence.

The…

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