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GC v. Republic

(2015) JELR 105233 (CA)

Court of Appeal  •  Criminal Appeal 283 of 2011  •  29 Oct 2015  •  Kenya

David Kenani Maraga, Daniel Kiio Musinga, Agnes Kalekye Murgor



This is a second appeal from a conviction and sentence of GC, the appellant, for the offence of defilement contrary to Section 8(1) as read with section 8(4) of the Sexual Offences Act No. 3 of 2006 that on 29th October 2008, in Rift Valley Province, intentionally and unlawfully had carnal knowledge of NC, the complainant, a child aged 16 years.

In brief, while NC, a girl aged 16 years, who was at the material time attending [Particulars Withheld] Girls Primary School, was on her way to school, she met the appellant who took her to Sigor trading centre where during the night of 28th October 2008, he had carnal knowledge of her.

When the NC did not return home that evening, F PW5, her mother called S PW3, her father who was away at Kakong Turkana who contacted John Chomil PW4, Senior Assistant Chief Chepareria Sub Location, with regard to her whereabouts. Following a search carried out by the village elders, Administration Police and John Chomil, NC was found in the …

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