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(2019) JELR 100181 (CA)

Court of Appeal  •  Criminal Appeal 9 of 2015  •  31 Jul 2019  •  Kenya

Milton Stephen Asike Makhandia, James Otieno Odek, Patrick Omwenga Kiage



1. This appeal involves an unequivocal plea of guilty and constitutionality of a mandatory minimum sentence. The appellant, Kennedy Kaunda, was charged with the offence of defilement of a boy child contrary to Section 8 (1) and (3) of the Sexual Offences Act. The particulars were that on 9th January 2012 in Vihiga County, the appellant intentionally and unlawfully caused his penis to penetrate the anus of A.N. a juvenile aged 14 years.

2. The prosecutor presented the facts of the alleged crime as follows:

On the 9th day of January 2012, the complainant A.N. a boy aged 14 years was invited by the accused pastor to his residence at Kapchengum. Since the complainant knew the accused as his former pastor at Kigangu PAG Church he could not refuse his invitation. On arrival, the accused person prepared tea for the complainant and later on the accused asked the complainant to go and sleep on his bed.

The accused then approached him on his bed and removed his clothes and of …

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