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(2014) JELR 102512 (CA)

Court of Appeal  •  Criminal Appeal 70 of 2013  •  5 Feb 2014  •  Kenya

Alnashir Ramazanali Magan Visram, Martha Karambu Koome, James Otieno Odek



Elias Muriera, the appellant, was charged with the offence of defilement contrary to Section 8(1) as read together with Section 8(3) of the Sexual Offences Act No. 3 of 2006 and an alternative count of indecent act with a child contrary to Section 11(1) of the Sexual Offences Act in the Chief Magistrate's Court at Meru. The particulars of the offence of defilement were that on 22nd May, 2009 in Meru Central District within the then Eastern Province, the appellant committed defilement with CN, a child aged 13 years, which caused penetration to her genitals. The particulars of the alternative charge were that on the above mentioned place and date, the appellant committed an act of indecency with CN, a child aged 13 years, by touching her genitals.

The appellant pleaded not guilty to both the main and the alternative counts. The prosecution called a total of four witnesses. It was the prosecution's case that on 22nd May, 2009 at around 8:00 p.m. while PW1, CN (C), was…

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