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(2011) JELR 105314 (CA)

Court of Appeal  •  Criminal Appeal 416 of 2010  •  25 Mar 2011  •  Kenya

Riaga Samuel Cornelius Omolo, Samuel Elikana Ondari Bosire, John walter Onyango Otieno



The appellant, Joseph Kiplimo Absolom, was charged in the Chief Magistrates Court at Eldoret with the offence of defilement of a girl contrary to section 8 (1) as read with section 8 (2) of the Sexual Offences Act No.3 of 2006. The particulars were that:-

“On the 26th day of February 2009, in Keiyo District of the Rift Valley Province unlawfully defiled M. K. M a girl aged 5 years.”

In the alternative, he faced a charge of indecent act with a girl contrary to section 11 (1) of the Sexual Offences Act No. 3 of 2006. For reasons that will be clear in this judgment, we need not reproduce the particulars of that alternative charge save to say he denied it. He pleaded guilty to the main charge of defilement of a girl and after the facts were narrated to the court, the appellant, on being asked whether those facts were true or not, confirmed that the facts as stated were true, and the learned Resident Magistrate convicted him. The prosecution stated that the appellant …

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