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Mbogo Raphael Chengo v. Republic

(2019) JELR 99177 (CA)

Court of Appeal  •  Criminal Appeal 22 of 2018  •  26 Sep 2019  •  Kenya

Coram
Hannah Magondi Okwengu, Sankale ole Kantai, Stephen Gatembu Kairu

Judgement

JUDGMENT OF THE COURT

[1] The appellant was charged with the offence of defilement contrary to Section 8(1) as read with Section 8(3) of the Sexual Offences Act No. 3 of 2006. The particulars of the offence were that on the 3rd of February, 2013 at [Particulars Withheld] Sub Location within Kilifi County, the appellant intentionally and unlawfully caused his penis to penetrate the vagina of PS, (name withheld) a child aged 15 years.

[2] The prosecution called four witnesses during the trial. These were: PS who gave evidence on oath following a voire dire examination; Mary stepmother to PS with whom PS was at the material time living; Dr Busra Ahmed (Dr. Bursa) a doctor at Kilifi County Hospital who produced the P3 form and post rape form in regard to PS; and Corporal Clara Bingo an officer attached to Kilifi Police Station.

[3] The prosecution evidence was that PS who was 13 years old was living with her stepmother Mary. At the material time the appellant worked as a herds-boy in their h…

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