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D.W.G v. Republic

(2013) JELR 106817 (CA)

Court of Appeal  •  Criminal Appeal 276 of 2011  •  22 Nov 2013  •  Kenya

Coram
Paul Kihara Kariuki, William Ouko, Agnes Kalekye Murgor

Judgement

JUDGMENT OF THE COURT

The appellant was charged before the Chief Magistrate’s Court at Thika in Criminal Case No. 5165 of 2007 with two counts of incest contrary to Section 20 (1) of the Sexual Offences Act and an alternative charge of indecent act contrary to Section 6 (a) as read with Section 11 (1) of the Sexual Offences Act, on each count.

According to the particulars of the offence in both counts, it was alleged that on diverse dates during the month of July 2007 at [Particulars Withheld] Village in Thika, the appellant committed an act which caused penetration with L N M. and M W W. girls aged 9 and 7 years, respectively, who, to his knowledge, were his daughters.

After hearing the evidence presented by both the prosecution and defence sides, the learned Magistrate, (L. Gicheha, SRM) returned a finding of guilty on the 2nd count and upon conviction, sentenced the appellant to 20 years imprisonment.

Against that finding and sentence, the appellant filed a petition in the High Court. …

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