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Noah Ochieng Kudadi v. Republic

(2018) JELR 94834 (CA)

Court of Appeal  •  Criminal Appeal 50 of 2013  •  24 May 2018  •  Kenya

Coram
Erastus Mwaniki Githinji, Hannah Magondi Okwengu, Jamila Mohammed

Judgement

JUDGMENT OF THE COURT

[1] Noah Ochieng Kudadi, who is the appellant before us is aggrieved by the judgment of the High Court in which his appeal against the judgment of the Resident Magistrate’s Court in Busia was dismissed. The appellant had been convicted by the Resident Magistrate of the offence of defilement contrary to section 8(1)(3) of the Sexual Offences Act No. 3 of 2006 and sentenced to serve twenty (20) years imprisonment.

[2] M. O. (name withheld) complainant, who was alleged to be 14 years at the time of the commission of the offence was the victim of the alleged defilement. The circumstances of the offence were that on the material day the complainant and two other children, L and L had gone to the appellant’s home to buy “ndumas” (Arrow roots). The appellant asked the complainant to accompany him to the shamba to get the “ndumas”. While in the shamba, the appellant accosted the complainant, pushed her down, ripped off her underpants and defiled her. The complainant report…

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