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(2016) JELR 98712 (CA)

Court of Appeal  •  Criminal Appeal 44 of 2016  •  7 Oct 2016  •  Kenya

Wanjiru Karanja JA Paul Kihara Kariuki JA Festus Azangalala JA



(1) Mwea Francis (hereinafter referred to as the appellant) was convicted of the offence of defilement contrary to section 8(1) as read with section 8(2) of the Sexual Offences Act. The particulars of the charge were that on the 24thMarch, 2011 between 2:00 pm and 5:00 pm at Kavata sub location, Kitui County, intentionally and unlawfully caused his penis to penetrate the vagina of RW, a child aged 2 years and 8 months. After conviction, the appellant was sentenced to life imprisonment as provided by law.

(2) After his conviction, the appellant filed an appeal to the High Court. That appeal was dismissed with the result that the Court upheld the conviction and affirmed the sentence.

(3) The concurrent findings of the Magistrate’s Court and the High Court were as follows: on the 24th March 2011, at about 2:00 pm, F N M (F) (PW1) left the complainant, RW, and her two siblings at home under the care of the appellant, who was working at their home as a domestic worker. F…

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