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Kamusyi Ngulu v. Republic

(2020) JELR 100262 (CA)

Court of Appeal  •  Criminal Appeal 100 of 2016  •  24 Jul 2020  •  Kenya

Coram
William Ouko, Agnes Kalekye Murgor, Kathurima M'inoti

Judgement

JUDGMENT OF THE COURT

This is another of the appeals that were heard remotely through Skype technology in the wake of the Covid-19 pandemic.

The appellant, Kamusyi Ngulu, presented a notice of intention to act in person and participated in the proceedings from Kamiti Maximum Prison, whilst Mr. Hassan Abdi, learned counsel for the Director of Public Prosecutions, joined the video link from Nairobi. We thank both parties for supporting the deployment of technology to ensure that in this era of the said pandemic, the administration of justice does not grind to a halt.

The appellant was charged before the Senior Resident Mag-istrates’ Court at Mutomo with the offence of defilement con-trary to section 8(1) as read with section 8(2) of the Sexual Offences Act. He also faced, as an alternative to that count, a charge of engaging in an indecent act with a child contrary to section 11(1) of the same Act. Lastly, the appellant was charged in count II the offence of assault causing actual bodily h…

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