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Kennedy Mavindu Kyengo v. Republic

(2019) JELR 100179 (CA)

Court of Appeal  •  Criminal Appeal 58 of 2016  •  8 Feb 2019  •  Kenya

Coram
Alnashir Ramazanali Magan Visram, Wanjiru Karanja, Sankale ole Kantai

Judgement

JUDGMENT OF THE COURT

1. On 14th August, 2011 FM, a girl aged 15 years was looking after the family goats near the river. Kennedy Mavindu Kyengo (the appellant) was at the river. According to F M, she knew him well as they were neighbours and so when the appellant called her, she went to him to find out what he wanted.

2. She said that the appellant just got hold of her, removed her clothes, as well as his and then defiled her as he covered her mouth. In the meantime the goats which F M had abandoned had strayed into a nearby farm and one Nziku a young man who went to drive them out of the farm, spotted F M and the appellant as they emerged from the bushes and on seeing the young man, the appellant fled but not before warning FM not to report the matter to her parents.

3. F M went home but did not inform her parents what had happened to her that evening. The following morning however, her mother (M K) PW2 noticed that F M was walking with difficulty and she enquired from her what had hap…

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