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Nahashon Ongwae Nyangau v. Republic

(2019) JELR 98637 (CA)

Court of Appeal  •  Criminal Appeal 149 of 2015  •  31 Oct 2019  •  Kenya

Milton Stephen Asike Makhandia, James Otieno Odek, Patrick Omwenga Kiage



The appellant Nahashon Ongwae Nyangau was charged, tried and convicted by the Senior Resident Magistrate’s Court on a charge of defilement contrary to section 8(1)(2) of the Sexual Offences Act in that on the 1st day of October, 2010 at [Particulars withheld] Village, Borabu District within the former Nyanza Province, he intentionally and unlawfully caused his penis to penetrate the vagina of DB, a child aged 10 years.

He was sentenced to serve life in prison on 17th May, 2011. His first appeal to the High Court at Kisii against both conviction and sentence was dismissed by Lagat Korir J on 27th September, 2012.

That dismissal provoked this appeal raising some four grounds in a memorandum of appeal filed on his behalf by the law firm of Muchere and Company Advocates. We think that ultimately the fate of this appeal will hinge on grounds 2 and 3 thereof namely;

“ 2. That the learned superior court erred in law and fact by upholding the judgment of the trial court whic…

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