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(1984) JELR 105084 (CA)

Court of Appeal  •  criminal appeal 32 of 84  •  15 Jun 1984  •  Kenya

Zakayo Richard Chesoni, James Onyiego Nyarangi, Alister Arthur Kneller



The appellant was charged with rape, contrary to Section 140 of the Penal Code and alternatively with indecent Assault of Female, contrary to Section 144(1) of the Penal Code. The particulars of the two charges alleged that the appellant committed the offences on the 6th of August 1979 at [particulars withheld]in Nyandarua District of the Central Province.

In her evidence M.N.G, the complainant, said she was a pupil at [particulars withheld] Primary School during 1979, and that, on 6th August 1979 at 3 pm while returning home, she met the appellant at [particulars withheld] river. She knew him as a local resident. She said the appellant asked her where she was going. She kept quiet, whereupon the appellant held her by her arm, knocked her down and lay on top of her. She screamed and K came. The appellant tore her knickers and threw them to the river before K came, to find the appellant on top of her. The appellant ran away when K arrived. After the incident, she ra…

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