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George Otieno Oyieko v. Republic

(2016) JELR 98336 (CA)

Court of Appeal  •  Criminal Appeal 88 of 2014  •  11 Oct 2016  •  Kenya

Coram
Daniel Kiio Musinga, Agnes Kalekye Murgor, Stephen Gatembu Kairu

Judgement

JUDGMENT OF THE COURT

1. The appellant, George Otieno Oyieko, was charged with the offence of defilement of a girl contrary to section 8(2) of the Sexual Offences Act. The particulars of the offence were that on 24th November 2010 at Wichlum in South Sakwa Location in Bondo District within Siaya County, he unlawfully and intentionally caused his penis to penetrate into the genital organs (vagina) of DM, a child aged 6 years. He also faced an alternative charge of indecent act with a child contrary to section 11(1) of the Sexual Offences Act.

2. He was tried before the Senior Resident Magistrate’s Court at Bondo and convicted for the offence of defilement contrary to section 8(2) of the Sexual Offences Act in a judgment delivered on 21st July 2011. He was subsequently sentenced to life imprisonment.

3. The appellant’s first appeal against the conviction and sentence was dismissed by the High Court in a judgment delivered on 20th January 2014.

Background

4. DM (PW3), testified that on the ma…

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