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(2000) JELR 102593 (CA)

Court of Appeal  •  CRIMINAL APPEAL 36 OF 1994  •  8 Aug 2000  •  Kenya

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



Once upon a time, Eunice Njoki Kimani , hereinafter called "the appellant", had a daughter whose name was Nancy Nyambura . We shall hereinafter refer to her simply as Nancy. The appellant conceived Nancy out of wedlock and by around 15th April, 1991, Nancy was about twelve years old. The appellant lived and worked with a firm called Fine Garments in Nairobi while Nancy 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, Geoffrey Kungu Kimani (P.W.2) who is the brother of the appellant and who lived at Pangani Mlango Kubwa in Nairobi went to visit his parents at home in Muranga.On the 14th April, 1991, P.W.2 returned to Nairobi with Nancy. The daughter had come to visit her mother during the school holidays. That same day, P.W.2 took Nancy to the place where her mother was residing. The appellant was not present. P.W.2 found two neighbours of the appellant, Cecilia Wambui Gacibu…

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