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Musyoki v. Republic

(1981) JELR 98770 (CA)

Court of Appeal  •  Criminal Appeal 24 of 1981  •  14 May 1981  •  Kenya

Coram
Eric John Ewen Law, Chunilal Bhagwandas Madan, Cecil Henry Ethelwood Miller

Judgement

IN THE COURT OF APPEAL

AT MOMBASA

( Coram: Madan, Law and Miller JJA )

CRIMINAL APPEAL NO. 24 OF 1981

BETWEEN

MUSYOKI...............................................................................APPELLLANT

AND

REPUBLIC.............................................................................RESPONDENT

JUDGMENT

The appellant was convicted on his own plea of defilement of a girl under the age of fourteen years contrary to Section 145(1) of the Penal Code. His appeal to the High Court was dismissed. He has appealed again. We adopt the following passage from the judgment of Kneller J, in the High Court:

“The conviction was based on the appellant’s reply to the charge and its particulars and his admission of all the facts outlined by the prosecutor as being true and they covered the essential ingredients of this offence. The Republic alleged the girl was under fourteen years and in particular only eleven and the appellant said this was so and he knew it, so the production of a birth or medical c…

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