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Mwanzia Mwania v. Republic

(2011) JELR 98717 (CA)

Court of Appeal  •  Criminal Appeal 321 of 2010  •  1 Jul 2011  •  Kenya

Coram
Riaga Samuel Cornelius Omolo, John walter Onyango Otieno, Joseph Gregory Nyamu

Judgement

JUDGMENT OF THE COURT

The charge brought against Mwanzia Mwania in the court of the Principal Magistrate at Makindu was one of defilement, contrary to section 8 (1) and (3) of the Sexual Offences Act, No.3 of 2006. The particulars contained in the said charge were that on the 20th day of May, 2008 at K Village, K Location in Kibwezi District of Eastern Province, Mwanzia committed an act which caused penetration with K K, a child aged 15 years. When the Magistrate read out the charge and its particulars to Mwanzia, he told the Magistrate in Kikamba:- ā€œIt is true. I defiled the complainant who is aged under 16 years.ā€The Magistrate accepted that as a plea of guilty to the charge and called upon the Prosecutor to state the facts on which they relied in support of the charge. The Prosecutor told the Magistrate that on the 20th May, 2008, at 6.30 p.m., the young girl from K Primary School met Mwanzia on the way and Mwanzia grabbed her and pulled her into the bush. He defiled her there but iā€¦

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