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Geofrey Mongare Ondimu v. Republic

(2006) JELR 98344 (CA)

Court of Appeal  •  Criminal Appeal 25 of 2006  •  16 Jun 2006  •  Kenya

Coram
Samuel Elikana Ondari Bosire, Emmanuel Okello O'Kubasu, Erastus Mwaniki Githinji

Judgement

JUDGMENT OF THE COURT

The appellant herein, Geoffrey Mongare Ondimu, was arraigned before the Principal Magistrate’s Court at Nyamira on a charge of defilement of a girl under the age of 16 years contrary to section 145(1) of the Penal Code. The particulars of the offence were that on the 14th day of November, 2003 at B[particulars withheld] in Nyamira District of the Nyanza Province the appellant unlawfully had carnal knowledge of SKN a girl under the age of 16 years. The appellant was also charged with an alternative charge of indecent assault on a female contrary to section 144(1) of the Penal Code.

The trial of the appellant commenced on 27th November, 2003 before the Principal Magistrate at Nyamira (K.W. Kiarie Esq.), when the complainant (SK) and other prosecution witnesses testified. The appellant defended himself in a sworn statement on the 1st December, 2003. In convicting the appellant on the main charge of defilement of a girl under the age of 16 years, the learned trial magi…

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