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Meshack Nyongesa v. Republic

(2016) JELR 99142 (CA)

Court of Appeal  •  Criminal Appeal 74 of 2015  •  25 Nov 2016  •  Kenya

Coram
David Kenani Maraga, Daniel Kiio Musinga, Agnes Kalekye Murgor

Judgement

JUDGMENT OF THE COURT

1. MESHACK NYONGESA, the appellant, was charged with the offences of defilement contrary to Section 8(1) as read with Section 8(4) and child trafficking contrary to Section 13(a) of the Sexual Offences Act, 2006. It was alleged that on 18th July 2010 at [particulars withheld] Village in West Pokot County, the appellant caused “his penis to penetrate the vagina of” RS “a girl aged 17 years.” In respect of count 2, it was alleged that on 3rd October 2010, at the same place, the appellant received RS, a child aged 17, for the purpose of commission of a sexual offence.

2. The appellant pleaded not guilty to both charges but after trial before the Acting Principal Magistrate at Kapenguria, he was convicted on both counts and sentenced to fifteen (15) years imprisonment on count one and ten (10) years imprisonment on count two. His appeal to the High Court having been dismissed he has come to this Court on a second appeal.

3. In his memorandum of appeal, the appellant com…

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