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E.N.K v. Republic

(2000) JELR 102612 (CA)

Court of Appeal  •  Criminal Appeal 36 of 1994  •  8 Aug 2000  •  Kenya

Coram
Riaga Samuel Cornelius Omolo, Philip Kiptoo Tunoi, Abdulrasul Ahmed Lakha

Judgement

JUDGMENT OF THE COURT

Once upon a time, E N K, hereinafter called “the appellant”, had a daughter whose name was N N. We shall hereinafter refer to her simply as N. The appellant conceived N out of wedlock and by around 15th April, 1991, N was about twelve years old. The appellant lived and worked with a firm called [Particulars Withheld] in Nairobi while N lived with the appellant’s parents in Murang’ a and went to school there. So mother and daughter did not live together. On 13th April, 1991, G K K (PW 2) who is the brother of the appellant and who lived at [Particulars Withheld] Mlango Kubwa in Nairobi went to visit his parents at home in Murang’a. On the 14th April, 1991, PW 2 returned to Nairobi with N. The daughter had come to visit her mother during the school holidays. That same day, PW 2 took N to the place where her mother was residing. The appellant was not present. PW 2 found two neighbours of the appellant, Cecilia Wambui Gacibu (PW 10) and Susan Mwihaki Kanyi (PW 17). PW…

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