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Francis Mugendi v. Republic

(2014) JELR 104888 (CA)

Court of Appeal  •  Criminal Appeal 345 of 2008  •  17 Jun 2014  •  Kenya

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



Francis Mugendi was charged with rape contrary to Section (3) (1) (a) of the Sexual Offences Act, 2006. The particulars were that on the 2nd day of June, 2007 at around 4.00 pm in Embu District within the then Eastern Province unlawfully had carnal knowledge of a girl namely CWI aged 19th years without her consent.

The prosecution case rested on the testimony of the complainant PW1 CW who testified as follows:

“I am a student in class 7 at [Particulars withheld] Primary School. I know that I am in court. I know that in court I am supposed to tell the truth. I know I can be jailed for speaking lies. I go to church called [Particulars Withheld]. The church is based at [Particulars Withheld]. Even in church we are told to tell the truth. I have sworn to tell the truth. I am 19 years old. I do recall on 2nd June 2007 at 4.00 pm I escorted my friend CN to her home after she had visited me. On the way from escorting Caroline, I met the accused who is a person I knew as I …

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