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D.O v. Republic

(2011) JELR 104966 (CA)

Court of Appeal  •  Criminal Appeal 249 of 2009  •  4 Nov 2011  •  Kenya

Samuel Elikana Ondari Bosire, Daniel Kennedy Sultani Aganyanya, Joseph Gregory Nyamu



This appeal is against the summary rejection of the appellant’s appeal by the High Court at Kisii (Bauni, J.) on 22nd February, 2006. D O, the appellant was convicted for the offence of defilement for having unlawful carnal knowledge of a girl under the age of sixteen years within Nyanza Province on 5th May, 2005. The facts of the case were that on the day in question, S.O a girl aged 41⁄2 years was left home by her mother R.K (PW1) who had gone out to buy soap. On her return, she found the girl sleeping on the appellant’s bed and he was apparently having sexual intercourse with her. The girl was naked while the appellant had removed his trousers.

On seeing this, PW1 screamed and her women friends came around and when the appellant attempted to flee, he was detained and G.M (PW2) who also came around took him to Gesongo Police Post where he was booked and later charged with the offence as herein before stated.

The appellant denied the offence on oath and stated that…

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