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(2011) JELR 98370 (CA)

Court of Appeal  •  Criminal Appeal 282 of 2009  •  4 Nov 2011  •  Kenya

Daniel Kennedy Sultani Aganyanya, Philip Nyamu Waki, Joseph Gregory Nyamu



Elmada Omollo Owaga, the appellant herein, was on 19th June, 2007 convicted by Oyugis Resident Magistrate (Z. Nyakundi) for the offence of defilement of a girl contrary to section 8(2) of the Sexual Offences Act, and was sentenced to life imprisonment. The particulars of the offence were that on the 19th day of November, 2006 at midday in Rachuonyo District within Nyanza Province he had carnal knowledge of J.A.O, a girl under the age of 11 years. There was an alternative count of indecent assault contrary to section 6 (a) of the same Act but this was displaced by the conviction on the main charge. He was aggrieved by that conviction and sentence and preferred an appeal to the High Court in Kisii (Musinga, J) who dismissed the appeal, hence this second and final appeal which may only be on issues of law.

A supplementary memorandum of appeal was belatedly filed by learned counsel for the appellant Mr. B.A. Nyang’a but it was admitted on record, laying out seven grou…

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