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P S v. Republic

(2020) JELR 94557 (CA)

Court of Appeal  •  Criminal Appeal 200 of 2013  •  6 Mar 2020  •  Kenya

Coram
Wanjiru Karanja, William Ouko, Jamila Mohammed

Judgement

JUDGMENT OF THE COURT

1. PS, (the appellant) has filed a second appeal challenging his conviction and sentence for the offence of defilement of a two-year-old girl contrary to Section 8(1) as read with Section 8(2) of the Sexual Offences Act.

2. The appellant was charged, tried and convicted by the Senior Principal Magistrate’s Court at Narok. The particulars of the offence were that on 2nd July 2011 at [Particulars Withheld] area in Narok North District of the then Rift Valley Province, he intentionally and unlawfully committed an act which caused penetration with his penis into the anus of SES (name withheld) a girl aged two years.

3. The prosecution called six (6) witnesses in support of its case. It was the complainant’s testimony that she went to one Nasieku’s home where the appellant took her to the sheep shed, removed her pants, clothes and shoes and defiled her. It was her further testimony that the appellant injured her; that she felt pain as she bled and screamed; that she ran …

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