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Moses Kamau Gathunga v. Republic

(2014) JELR 98938 (CA)

Court of Appeal  •  Criminal Appeal 152 of 2013  •  3 Oct 2014  •  Kenya

Coram
David Kenani Maraga, George Benedict Maina Kariuki, Jamila Mohammed

Judgement

JUDGMENT OF THE COURT

(1) Moses Kamau Gathunga, hereinafter referred to as the appellant, was charged with, and convicted, of the offence of defilement contrary to section 8 (1) (3) of the Sexual Offences Act. The particulars of the charge were that on the 26th March 2010, at Kiganjo estate, Thika District, within Central Province, he committed an act which caused penetration with B. N. M, a girl aged 14 years old. He was convicted and sentenced to fifteen (15) years imprisonment.

(2) He was aggrieved with this conviction and sentence and preferred an appeal to the High Court of Kenya at Nairobi. In his first appeal, he alleged that the trial court convicted him on a defective charge; that the evidence adduced was not credible; that vital witnesses were not called by the prosecution; and that his defence was rejected yet it was an illustration of the grudge prevailing between him and the complainant’s mother. For these reasons, the appellant asserted that his conviction was unsafe and a…

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