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J K K v. Republic

(2015) JELR 105195 (CA)

Court of Appeal  •  Criminal Appeal 6 of 2015  •  19 Oct 2015  •  Kenya

Coram
Alnashir Ramazanali Magan Visram, Erastus Mwaniki Githinji, Fatuma sichale

Judgement

JUDGMENT OF THE COURT

1. J K K, the appellant, was charged with the offence of defilement contrary to Section 8(1) as read together with Section 8 (2) of the

Sexual Offences Act No. 3 of 2006 and alternative count of indecent act with a child contrary to Section 11(1) of the Sexual Offences Act in the Chief Magistrate's Court at Kiambu. The particulars of the offence of defilement contained in the charge sheet were that on 25th September, 2009 in Kiambu District within Central Province, the appellant intentionally committed an act which caused penetration with his genital organ into the genital organ of J N Victoria a girl aged 8 years at the time. The particulars of the alternative charge were that on the above mentioned place and date, the appellant unlawfully and indecently assaulted J N v. a girl aged 8 years, by touching her private parts.

2. The appellant pleaded not guilty to both the main and the alternative count. The prosecution called a total of six witnesses. It was the proseā€¦

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