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N N C v. Republic

(2018) JELR 98704 (CA)

Court of Appeal  •  Criminal Appeal 46 of 2017  •  21 Jun 2018  •  Kenya

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

Judgement

JUDGMENT OF THE COURT

[1] In this second appeal, N N C (the appellant), is challenging his conviction and sentence by the Resident Magistrates court, Mombasa. He was convicted for the offence of defilement contrary to section 8(1) as read with section 8(2) of the Sexual Offences Act (the Act).

[2] The background facts of the matter was that on 30th July, 2013, the complainant (E.M.M- PW1); a minor aged 9 years old and a standard two pupil, was busy fetching firewood in a forest. While at it, she realized that she needed a piece of rope with which to tie the firewood, but was unable to cut the rope to size. Fatefully, her uncle, the appellant happened to live nearby and came to her aid. Once he was done cutting the rope for her, he offered to escort her back into the forest. However, once they got there, he forced her to the ground, took off her clothes and proceeded to defile her. Her cries and screams came to naught as there was no one else in the vicinity. Thereafter, the appellant th…

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