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Jacob Odhiambo Omumbo v. Republic

(2008) JELR 98299 (CA)

Court of Appeal  •  Criminal Appeal 80 of 2008  •  5 Dec 2008  •  Kenya

Coram
Riaga Samuel Cornelius Omolo, Emmanuel Okello O'Kubasu, Joyce Adhiambo Aluoch

Judgement

JUDGMENT OF THE COURT

The appellant, Jacob Odhiambo Omumbo was tried and convicted by a Senior Resident Magistrate, Nyando, of the offence of defilement of a girl under the age of eleven years, contrary to section 8(2) of the Sexual Offences Act No. 3 of 2006, and sentenced to life imprisonment. His appeal to the superior court (J.R. Karanja, J.) was dismissed on 12th March, 2008. He now appeals to this Court on points of law.

The particulars of the charge against the appellant read that on the 6th day of March, 2007 [particulars withheld] in Nyando District within Nyanza Province he defiled PA, a girl under the age of eleven (11) years.

The prosecution called a total of four witnesses including PA N, PW2 (hereinafter P), a child of tender years within the meaning of the Children Act, No. 8 of 2001. Her evidence was taken in chambers by the trial magistrate after conducting a “VOIRE DIRE” examination to determine her capability of understanding the meaning and nature of an oath. She was …

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