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Joseph Marangu Njau v. Republic

(2015) JELR 100658 (CA)

Court of Appeal  •  Criminal Appeal 123 of 2014  •  9 Jul 2015  •  Kenya

Coram
Philip Nyamu Waki, Roselyn Naliaka Nambuye, Patrick Omwenga Kiage

Judgement

JUDGMENT OF THE COURT

This appeal turns on the issue whether the appellant’s plea of guilty to a charge of defilement contrary to Section 8(1) and (2) of the Sexual Offences Act was unequivocal and formed a proper basis for his conviction and sentence by the Principal Magistrate at Chuka. The particulars of that charge were that on the 25th June 2011 in Tharaka Nithi County (sic) within Eastern Province, he defiled MK a child aged 4 years, by inserting his penis in her vagina.

When he was arraigned before the learned Principal Magistrate on 27th June 2011, the record shows as follows;

“Interpretation-Eng/Kisw/Kimeru

...

COURT: the substance(s) (sic) and every element thereof has bee (sic) stated by Court to the accused person, in the language that he/she understands, who being asked whether he/she admits or denies the truth for he (sic) charge(s) replies in Swahili language in the main charge

GUILTY.”

At that point the prosecutor informed the court that the minor was still undergoing treatme…

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