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Michael Mugo Musyoka v. Republic

(2015) JELR 99108 (CA)

Court of Appeal  •  Criminal Appeal 89 of 2013  •  24 Feb 2015  •  Kenya

Coram
Alnashir Ramazanali Magan Visram, Martha Karambu Koome, James Otieno Odek

Judgement

JUDGMENT OF THE COURT

The appellant was charged with one count of attempted defilement contrary to Section 9(1) and (2) of the Sexual Offences Act and an alternative count of indecent act with a child contrary to Section 11(1) of the Sexual Offences Act in the Senior Resident Magistrate’s Court at Siakago.

The particulars of the charge of attempted defilement were that on 14th October, 2010, in Mbeere South District within Embu County, the appellant attempted to cause his penis to penetrate the vagina of CM a child aged 2 1⁄2 years. On the alternative count, the particulars were that on the above mentioned date and place, the appellant committed an act of indecency with a child namely CM a child aged 2 1⁄2 years by touching her private parts with his hands and penis.

The appellant pleaded not guilty and the prosecution called a total of four witnesses. It was the prosecution’s case that at all material times the appellant had been employed by PW2, PWK (P) as a house boy. On 14th October,…

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