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Evans Mokua Ndega v. Republic

(2014) JELR 105247 (CA)

Court of Appeal  •  Criminal Appeal 143 of 2011  •  20 Mar 2014  •  Kenya

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



Evans Mokua Ndega, the appellant, was charged with the offence of defilement contrary to Section 8(1) and (4) of the Sexual Offences Act and an alternative charge of indecent act with a child contrary to Section 11(a) of the Sexual Offences Act in the Principal Magistrate’s Court at Nyahururu.

The particulars of the offence of defilement were that on the 9th April, 2009 in Subukia in Nakuru North District within the then Rift Valley Province, the appellant intentionally caused penetration of his penis to the vagina of MN, a girl aged 17 years who is an imbecile. The particulars of the alternative charge were that on the above mentioned date and place, the appellant indecently touched the private parts, namely vagina, of MN who is an imbecile.

The prosecution called a total of five witnesses. It was the prosecution’s evidence that PW1, MWG (M) and PW2, EWG (E) lived together with their mother, PW3, MWG (M), their father and their sister, MN(N) in [Particular withheld…

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