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Kasungu Kalama Jefwa v. Republic

(2019) JELR 100214 (CA)

Court of Appeal  •  Criminal Appeal 18 of 2017  •  11 Jul 2019  •  Kenya

Coram
Alnashir Ramazanali Magan Visram, Martha Karambu Koome, Agnes Kalekye Murgor

Judgement

JUDGMENT OF THE COURT

Kasungu Kalama Jefwa, the appellant, was charged with the offence of defilement contrary to section 8 (1) and (3) of the Sexual Offences Act, 2006. The particulars of the offence are that on diverse dates between 1st November, 2014 and 15th January, 2015 in Kilifi County within the Coast Region, he unlawfully and intentionally committed an act which caused penetration of a male genital organ namely a penis into the female genital organ namely vagina of the complainant, AKN, (name withheld) a girl aged 15 years.

The appellant was also charged with an alternative count of committing an indecent act with a child contrary to Section 11 (1) of the Sexual Offences Act, in that on diverse dates intentionally and unlawfully touching her vagina with his penis.

In brief, the facts of the case are that, between November, 2014 and 15th January, 2015, the appellant would have sexual intercourse with AKN at her home during the day, and on other days, they would have intercourse i…

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