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JUSTINE TUNJE MBARU v. REPUBLIC

(2010) JELR 105453 (CA)

Court of Appeal  •  Criminal Appeal 361 of 2008  •  23 Jul 2010  •  Kenya

Coram
Riaga Samuel Cornelius Omolo, Moijo Matayia Ole Keiwua, John walter Onyango Otieno

Judgement

JUDGMENT OF THE COURT

According to the judgment of the Resident Magistrate’s Court at Kilifi, the appellant JUSTIN TUNJE MBARU, was convicted of the offence of rape contrary to Section 140 of the Penal Code it being alleged that he had unlawful carnal knowledge of E.D without her consent. The appellant was also charged with an alternative count of indecently assaulting the complainant by touching her private parts, ‘vagina’, contrary to Section 144 (1) of the Penal Code. What is alleged to have taken place was that while the complainant was walking home, the appellant caught up with her and grabbed her by the neck and threatened her with death. The appellant forcefully took the complainant to the bush stripped and raped her. He released her naked and she ran back to her home where she was met in that state by her daughter M . M said she heard her mother cry that Mbaru (the appellant) had raped her. The matter was reported to K police station where the complainant was given a P3 form an…

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