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Nathaniel Chara Chanzera v. Republic

(2019) JELR 98583 (CA)

Court of Appeal  •  Criminal Appeal 28 of 2018  •  7 Mar 2019  •  Kenya

Coram
Alnashir Ramazanali Magan Visram, Wanjiru Karanja, Patrick Omwenga Kiage

Judgement

JUDGMENT OF THE COURT

1. This is a second appeal by Nathaniel Chara Chanzera (the appellant) against the decision of the Resident Magistrate’s Court at Malindi in which he was convicted for the offence of defilement under Section 8(1) as read with Section 8(4) of the Sexual Offences Act and sentenced to serve twenty (20) years imprisonment. That sentence was nonetheless subsequently reduced to fifteen (15) years imprisonment by the High Court on first appeal.

2. The particulars of the charges before the trial court were that on 12th October, 2012 at [particulars withheld] Village in Malindi District intentionally and unlawfully caused penetration of his male genital organ into the female genital organ of MK, a child aged 16 years. In the alternative he was charged with committing an indecent act on the same child contrary to Section 11(1) of the Sexual Offences Act.

3. He pleaded not guilty to both the main and the alternative charges. When the matter came up for hearing on 7th March, 20…

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