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(2015) JELR 105428 (CA)

Court of Appeal  •  Criminal Appeal 58 of 2013  •  24 Jul 2015  •  Kenya

David Kenani Maraga, Daniel Kiio Musinga, Agnes Kalekye Murgor



The appellant, JOSEPH OWINO ODERA was tried by the Senior Resident Magistrate's court at Bondo on a charge of defilement of a girl child contrary to section 8 (1) as read with section 8(2) the Sexual Offences Act No. 3 of 2006. The particulars of the offence were that on 3rd August 2011, at [Particulars Withheld] area in south west Gem location, in Siaya County within Nyanza Province, the appellant unlawfully and intentionally caused his penis to penetrate the vagina of a girl child aged 10 years namely, FCA (PW 1), the complainant.

The brief facts of the case are that on 3rd August 2011 at about 1pm, when FCA was playing with other children the appellant called her, and told her that her mother was calling her. FCA rushed home only to learn that her mother had been admitted in hospital. The appellant who had followed her home caught hold of FCA; pushed her on her mother's bed, removed her clothes and defiled her.

FCA reported the matter to her aunt, who took her to…

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