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Michael Kiongo Waititu v. Republic

(2016) JELR 99118 (CA)

Court of Appeal  •  Criminal Appeal 65 of 2013  •  8 Jul 2016  •  Kenya

Alnashir Ramazanali Magan Visram, Mohammed Abdullahi Warsame, Fatuma sichale



1. Michael Kiongo Waititu, the appellant herein was charged with one count of defilement contrary to Section 8(1) and (2) of the Sexual Offence Act and an alternative count of committing an indecent act with a child contrary to Section 11(1) of the Sexual Offences Act in the Resident Magistrate’s Court at Gatundu. The particulars of the main charge were that on 14th May, 2008 at around 4:30 p.m. in Thika District within the then Central Province, the appellant intentionally and unlawfully committed an act which caused penetration to SWW, a girl aged 10 years. On the alternative charge, the particulars were that on the above mentioned date and place, the appellant committed an indecent act with SWW, a girl aged 10 years by touching her genital organs.

2. The appellant pleaded not guilty to both charges and the prosecution called a total of six witnesses in support of its case. It was the prosecution’s case that on 14th May, 2008 at around 4:00 p.m. M W M (PW3) sent …

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