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Mohamed Juma v. Republic

(2019) JELR 99013 (CA)

Court of Appeal  •  Criminal Appeal 51 of 2017  •  28 May 2019  •  Kenya

Coram
Alnashir Ramazanali Magan Visram, Martha Karambu Koome, Wanjiru Karanja

Judgement

JUDGMENT OF THE COURT

1. On 13th February, 2012, FN (PW1), who was at the time 7 years old, after having his lunch at home left at around 4:00 p.m. to attend a private tuition. While on his way he was stopped by a man who held him by the neck and dragged him into a nearby house. Inside the house the man held a knife to his neck causing the minor to fear for his life and deterred him from putting up a fight or screaming for help. The man proceeded to undress both the minor and himself and then inserted his penis into the minor’s anus.

2. After the ordeal, the man released FN who went back home and narrated what had transpired to his mother, J K (PW2). J asked her son to take her to the house where he was defiled which he did. J recognized that the house in question belonged to the appellant who was known to her. At that time they did not find the appellant in the house and they decided to return the following day. Upon their return, they found the appellant in the house and as soon as he…

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