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George Muriuki Muriithi v. Republic

(2013) JELR 105476 (CA)

Court of Appeal  •  Criminal Appeal 51 of 2013  •  5 Dec 2013  •  Kenya

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



[1] On 15th November, 2005 at about 7 p.m., the complainant (P.M.), a young girl aged 9 years (when the incident occurred) was all by herself in the kitchen of her mother’s house. Her mother had not returned from the shamba, so she had closed the door. George Muriuki Muriithi (appellant) knocked the door and tricked P.M. to open the door so that he could pass to her a message which he had from her mother. Not suspecting anything sinister, P.M. opened the door, the appellant entered and quickly grabbed her by the waist and knocked her down. He removed her clothes and defiled her. P.M. testified that she could not scream because the appellant covered her mouth with his hand, she tried to resist but he overpowered her. After he finished defiling her, the appellant left P.M. crying. P.M. told the trial court that she was able to identify the appellant through recognition as he was a neighbor and used to do casual work for her mother.

[2] CM (PW 3), the mother of the co…

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