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(2018) JELR 99849 (CA)

Court of Appeal  •  Criminal Appeal 20 of 2016  •  27 Apr 2018  •  Kenya

Roselyn Naliaka Nambuye, Mohammed Abdullahi Warsame, Agnes Kalekye Murgor



Kiema Mutie, (the appellant), was convicted and sentenced by the Principal Magistrate’s Court at Kitui, for the offence of defilement contrary to section 8(1)(3) of the Sexual Offences Act No. 3 of 2006 Laws of Kenya. The particulars of the charge against the appellant were that on the 31st day of January, 2011 at around 2.00 p.m. at [particulars withheld] Village, Zombe Sub-Location, Zombe Location in Kitui District of the Eastern Province, (as it was then known, now Kitui County), the appellant intentionally and unlawfully had carnal knowledge of SK a girl aged 12 years.

During the hearing of the case, the appellant denied the charge and the prosecution called five witnesses in support of its case. The appellant gave unsworn evidence and did not call any witnesses. The trial court having considered the evidence found that the prosecution had proved its case beyond reasonable doubt, convicted the appellant and sentenced him to 22 years imprisonment.

Distressed by t…

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