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Kauni Gichovi Mugo v. Republic

(2015) JELR 100205 (CA)

Court of Appeal  •  Criminal Appeal 92 of 2013  •  17 Mar 2015  •  Kenya

Coram
Alnashir Ramazanali Magan Visram, Martha Karambu Koome, James Otieno Odek

Judgement

JUDGEMENT OF THE COURT

1. Kauni Gichovi Mugo, the appellant was charged with the offence of defilement contrary to Section 8 (1) and (3) of the Sexual Offences Act with an alternative count of assault causing actual bodily harm contrary to Section 251 of the Penal Code.

2. The particulars of the offence of defilement were that on 25th March, 2007 at [Particulars Withheld] in Embu District of the Eastern Province, the appellant intentionally and unlawfully had carnal knowledge of S K K, a girl aged 15 years without her consent. On the alternative count, the particulars were that on 25th March, 2007 at [Particulars Withheld] in Embu District of the Eastern Province, the appellant unlawfully assaulted S K K thereby occasioning her actual bodily harm.

3. The appellant pleaded not guilty to both counts paving way for a trial in which the prosecution called five witnesses. It was the prosecution’s case that on 25th March, 2007 at around 5 p.m. PW 1, S K (S), went to the back of their family ho…

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