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H M F v. Republic

(2015) JELR 105468 (CA)

Court of Appeal  •  Criminal Appeal 251 of 2010  •  3 Jul 2015  •  Kenya

Erastus Mwaniki Githinji, Philomena Mbete Mwilu, Kathurima M'inoti



The appellant was convicted on his own plea of guilty for the offence of Defilement of a girl under the age of eleven years contrary to section 8(2) of the Sexual Offences Act and sentenced to life imprisonment.

The record of the court shows that there was an interpreter by name Halima and that after the charge and every element was stated by court to the appellant, the appellant replied in Somali language that the charge was true. The full facts constituting the offence were stated by the prosecutor thus:

“On 21/07/08 at 10.00 am the complainant in this case who is 6 years old was left at home by the mother sleeping on a mattress. The mother went to a nearby shop. The accused who is a cousin went to the house. He got hold of the complainant. He removed the trousers and pants. He put her apart, grabbed her by the neck and covered her mouth. He then defiled her. The complainant cried. Her brother A heard her cries. He rushed to the house. He found the accused person …

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