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Henry Kerage Nyachoti v. Republic

(2020) JELR 98323 (CA)

Court of Appeal  •  Criminal Appeal 23 of 2015  •  31 Jan 2020  •  Kenya

Coram
Martha Karambu Koome, William Ouko, Fatuma sichale

Judgement

JUDGMENT OF THE COURT

[1] The only issue for determination in this appeal is whether the appellant was properly convicted and sentenced after he entered a plea of guilty. Henry Kerage Nyachoti (appellant) was on 17th October, 2011 arraigned before the Chief Magistrate’s Court at Kisii. He was charged with the offence of defilement of a child below the age of eleven years contrary to the provisions of section 8 (1) as read with section 8 (2) of the Sexual Offences Act. The particulars being that on the 24th August, 2011 in Kisii South within Kisii County, he intentionally and unlawfully penetrated the vagina of VKG a girl aged 3 years using his genital organ namely, a penis.

[2] In the alternative the appellant faced the charge of indecent act, with a child contrary to section 11 (1) of the Sexual offences Act. The particulars being that on the 24th August, 2011 in Kisii South within Kisii County he did commit an indecent act with VKG a girl aged 3 years by rubbing his penis against her …

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