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Josephat Wanjala Olbai v. Republic

(2019) JELR 100558 (CA)

Court of Appeal  •  Criminal Appeal 92 of 2015  •  25 Jul 2019  •  Kenya

Coram
Erastus Mwaniki Githinji, Hannah Magondi Okwengu, Jamila Mohammed

Judgement

JUDGMENT OF THE COURT

Background

[1] This is a second appeal by Josephat Wanjala Olbai (the appellant) following the dismissal of his first appeal by the High Court against his conviction and sentence by the Principal Magistrate’s Court at Kitale, for the offence of defilement contrary to section 8(1) as read with section 8(2) of the Sexual Offences Act.

[2] The particulars of the charge against the appellant were that on the 25th day of September, 2007 in Uasin Gishu District within Rift Valley Province he caused penetration with his genital organ namely, penis into the genital organ namely, vagina of the complainant, CNW (name withheld) a girl aged four (4) years.

[3] The prosecution called a total of six (6) witnesses to establish its case. The complainant’s mother, MNW testified that she went to her house at about 1 pm to give her children lunch; that she found the appellant carrying water in a basin; that CNW was standing next to the appellant as he washed his legs; that MNW sent the…

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