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Patrick Gituma v. Republic

(2016) JELR 94836 (CA)

Court of Appeal  •  Criminal Appeal 30 of 2015  •  21 Dec 2016  •  Kenya

Coram
Erastus Mwaniki Githinji, Wanjiru Karanja, Patrick Omwenga Kiage

Judgement

JUDGMENT OF THE COURT

Patrick Gituma (‘the appellant’) was charged in the Chief Magistrate’s Court at Maua with the offence of defilement contrary to Section 8 (1) (2) of the Sexual Offences Act No. 3 of 2006. The particulars are that the appellant, on 16th January, 2011 at Tira Location in Igembe South District within Meru County, intentionally caused his penis to penetrate the vagina of G M K (name withheld) a child of 10 years.

The appellant also faced an alternative charge of committing an indecent act with a child contrary to Section 11 (1) of the Sexual Offences Act No. 3 of 2006. The particulars are that the appellant on 16th January, 2011 at Tira Location in Igembe South District within Meru County, intentionally touched the vagina of GMK, a child age 10 years with his penis. He denied both counts and the matter proceeded to full hearing, after which he was found guilty and convicted on the main charge of defilement. He was sentenced to serve life imprisonment.

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