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(2020) JELR 102385 (CA)

Court of Appeal  •  Criminal Appeal 51 of 2016  •  3 Apr 2020  •  Kenya

Milton Stephen Asike Makhandia, James Otieno Odek, Patrick Omwenga Kiage



The appellant was charged with defilement of a girl contrary to section 8(1) as read with section 8(3) of the Sexual Offences Act. The particulars of the offence are that on diverse dates between 20th May 2012 and 22nd May 2012 in Kakamega District within the former Western Province, he unlawfully and intentionally caused his genital organ namely penis to penetrate the genital organ namely vagina of L.V, a girl aged 14 years.

In the alternative, the prosecution preferred a charge against the appellant of an indecent act with a child contrary to section 11 (1) of the Sexual Offences Act.

The appellant denied the charges leading to a trial in which the prosecution called 8 witnesses in support of its case. The magistrate (C. Kendagor, Ag. SPM) heard the testimonies, the star witness being the complainant who testified that indeed the appellant picked her up from a shopping centre where she had been sent by her mother, took her to his friend’s house and defiled her. Th…

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