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Mbatha Kange'the v. Republic

(2015) JELR 99180 (CA)

Court of Appeal  •  Criminal Appeal 38 of 2013  •  24 Apr 2015  •  Kenya

Coram
Daniel Kiio Musinga, Patrick Omwenga Kiage, Stephen Gatembu Kairu

Judgement

JUDGMENT OF THE COURT

The appellant, MBATHA KANGETHE, appeals of this Court from a judgment of the High Court (Makhandia, J., (as he then was) dated 28th September 2012 whereby his appeal against conviction and sentence of 20 years’ imprisonment imposed by the Resident Magistrate’s Court at Tawa on 5th July 2011 was dismissed.

That conviction and sentence followed a trial for the offence of defilement of a child contrary to Section 8(1) (4) of Sexual Offences Act, No 3 of 2006. The particulars of that offence were that on the 15th day of April 2011 at [particulars withheld] Village, Kalimani Location in Mbooni District of Makueni County, the appellant intentionally caused his penis to penetrate the vagina of MKV, a child aged 17 years.

He was also convicted on the alternative charge of indecent act with a child contrary to Section 11(1) of the same statute in that he intentionally and unlawfully did an indecent act to the same child by touching her private parts. For this offence he was …

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