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(1993) JELR 104858 (CA)

Court of Appeal  •  Criminal Appeal 111 of 1992  •  27 Jan 1993  •  Kenya

Johnson Evan Gicheru, Abdul Majid Cockar, John Mwangi Gachuhi



Gerishom Ombaka the appellant, was charged before the Resident Magistrate’s Court in Mombasa with two counts of indecent assault on a female contrary to section 144 (1) of the Penal Code. He was convicted and sentenced to serve 5 years’ imprisonment with hard labour and to receive six strokes of the cane on each count. On appeal to the High Court his appeal on conviction was reduced to a term of three years’ imprisonment and one stroke of the cane on each count. The terms of imprisonment were to run concurrently.

The facts of the case are that PW3, the mother of the complainant in count 1 (PW1) gave evidence that on 5th March, 1991, as she was making beds for the children, she noticed pus stains on the sheets. She enquired from her daughter aged 10 years whether she had a wound but the daughter denied. On 11th March, 1991, as they were taking supper she sensed a foul smell from her daughter. She told her to bathe. On 12th March, 1991, while she was washing clothes she noticed p…

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