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Mohamed Abadada v. Republic

(2013) JELR 99030 (CA)

Court of Appeal  •  Criminal Appeal 372 of 2012  •  19 Jun 2013  •  Kenya

Erastus Mwaniki Githinji, Milton Stephen Asike Makhandia, Agnes Kalekye Murgor



The appellant, Mohamed Abadada, was charged before the Senior Principal Magistrate's court at Malindi with the offences of defilement contrary to section 8(3) of the Sexual Offences Act and compelled or induced Act contrary to section 6(a) of the same Act. The particulars in respect of count one were that on 8th March, 2007 at [Particulars Withheld] within Tana-River District of the Coast Province, the appellant committed an act causing penetration with a child namely, S K aged 14 years old. In respect of the second count, the particulars were that on the same day and place, the appellant intentionally and unlawfully compelled or induced or caused S K, a girl aged 14 years to engage in an indecent act with him.

On 15th March, 2007, when the appellant appeared before the trial court to answer to the charges, he pleaded guilty to both. Accordingly the learned magistrate entered a plea of guilty.

The facts in support of the charges were subsequently led by the prosecut…

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