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Kefa Mose Momanyi v. Republic

(2020) JELR 100197 (CA)

Court of Appeal  •  Criminal Appeal 62 of 2014  •  24 Jul 2020  •  Kenya

Coram
Wanjiru Karanja, Fatuma sichale, Patrick Omwenga Kiage

Judgement

JUDGMENT OF THE COURT

The appellant Kefa Mose Momanyi is before us challenging the dismissal by the High Court at Kisii (Sitati, J.) of his appeal against conviction and sentence by the Nyamira Principal Magistrate’s Court on a charge of defilement contrary to section 8(1) (2) (sic) of the Sexual Offences Act. In so doing, the learned Judge confirmed the sentence of life imprisonment meted on the appellant.

The appellant is said to have intentionally and unlawfully caused his penis to penetrate the vagina of INA, a girl aged 8 years old, on 29th August 2009 at Mokomoni sub-location in Nyamira District. The evidence led was that on the material date at about 2.00pm, INA was on an errand to sift maize at a posho mill within Amagura Tea Estate as sent by her mother VA (PW2). At the tea buying centre, she met a person she did not know before, who offered to help her carry the load of maize. They walked along but, on reaching the tea farm, the man placed the maize on the tea bushes and pulle…

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