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M.K.M v. Republic

(2013) JELR 106805 (CA)

Court of Appeal  •  Criminal Appeal 181 of 2012  •  15 Nov 2013  •  Kenya

Erastus Mwaniki Githinji, Milton Stephen Asike Makhandia, Fatuma sichale



The appellant was convicted by the resident Magistrate Kwale of the offence of incest by a male contrary to section 20(1) of the penal code and sentenced to 20 years imprisonment. His appeal to the High Court against both conviction and sentence was dismissed hence the present appeal.

The charge stated in essence that on 6th May 2008 he unlawfully and intentionally had sexual intercourse with K M, a juvenile aged 11 years who to his knowledge was his daughter.

Four witnesses gave evidence in support of the charge at the trial namely, KM (PW1) the complainant, K K (PW2, (K) the complainant’s mother, Dr steven Mangi (PW3) and P.C. Mary Marete (PW4).

K testified at the trial thus. She was lying with the appellant as husband and wife and that they had children including the complainant who was 11 years old. On 6th May 2008 the appellant returned home at 4.00 a.m. and assaulted her for no apparent reason. She fled into the bush and in the morning she returned to the house…

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