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Gilbert Chemei v. Republic

(2015) JELR 98335 (CA)

Court of Appeal  •  Criminal Appeal 51 of 2014  •  17 Dec 2015  •  Kenya

Coram
Paul Kihara Kariuki, Agnes Kalekye Murgor, Stephen Gatembu Kairu

Judgement

JUDGMENT OF THE COURT

Gilbert Chemei, hereinafter referred to as the appellant, was arraigned before the Senior Resident Magistrate’s Court at Hamisi and charged with the offence of defilement contrary to section 8(1) as read with section 8(2) of the Sexual Offences Act. It was alleged that on the 17th day of July 2009, at [particulars withheld] Village Makuchi sub location, Shaviranga location within Hamisi District of the Western Province, the appellant unlawfully and intentionally had carnal knowledge of D.M., a child aged seven years old.

He was charged in the alternative with the offence of committing an indecent act contrary to section 11(1) of the Sexual Offences Act, the particulars of that offence being that on the 17th day of July 2009, at [particulars withheld] Village Makuchi sub location, Shaviranga location within Hamisi District of the Western Province, the appellant caused his genital organ to make contact with that of D.M., a child aged seven years.

After trial in the m…

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