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(2014) JELR 104841 (CA)

Court of Appeal  •  Criminal Appeal 326 of 2010  •  9 May 2014  •  Kenya

John walter Onyango Otieno Festus Azangalala Sankale ole Kantai



The record before us shows that the victim in the entire saga which has ended in this appeal whom we refer to as J.S, (PWl) was sister to J K (PW2) who was in turn, the wife of the appellant HOW. At the relevant period before 11th November, 2007, she was living with her sister and her brother-in law the appellant. In her evidence to the court, she said after voire dire was administered to her, and after she was found not to know the duty of telling the truth and allowed to give unsworn statement, that on 11th November, 2007, the appellant whom she referred to as O went with her to get kerosene. As they proceeded through the thickets, the appellant got hold of her, bit her shoulder, removed his clothes, removed her inner pant, put her down facing up and slept on her stomach and had carnal knowledge of her. He warned her not to cry or else he would cut her. He also told her not to tell J. After that, they returned back home without the kerosene they had gone to get.…

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