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Joseph Kiura Njagi v. Republic

(2016) JELR 100671 (CA)

Court of Appeal  •  Criminal Appeal 58 of 2015  •  9 Nov 2016  •  Kenya

Philip Nyamu Waki, Roselyn Naliaka Nambuye, Patrick Omwenga Kiage



The appellant Joseph Kiura Njagi was arraigned before the Resident Magistrate’s Court at Runyejes for the offence of defilement of a girl contrary to Section 8(1)(2) of the Sexual Offences Act no. 3 of 2006. The particulars were that on the 22nd day of August, 2016 at [particulars withheld] village, Kawanjara sub-location Kagaari south location in Embu District within Eastern Province he unlawfully had carnal knowledge of D K a girl under the age of 11 years.

The appellant denied the charge prompting a trial. The brief facts were that at the material time the appellant was employed as a farm hand in a home neighbouring the home of the complainant D.K. D.K. knew him very well as she used to draw water from the said homestead. On the 22nd day of August, 2006 D.K. left for the said homestead at around 9.00 a.m. to draw water as usual. It was her testimony that she found the appellant alone in the compound. He grabbed her and then dragged her into the house where he li…

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