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Patrick Ndungu v. Republic

(2014) JELR 94080 (CA)

Court of Appeal  •  Criminal Appeal 4 of 2013  •  30 May 2014  •  Kenya

Philip Nyamu Waki, Roselyn Naliaka Nambuye, Patrick Omwenga Kiage



This is a second appeal. In his notice and memorandum of appeal, the appellant intended to challenge both the conviction and sentence imposed on him by the two courts below, but at the hearing of the appeal before us, he abandoned the appeal on conviction. It follows that the concurrent findings of fact made by the two courts below are undisputed.

On the evening of 7th August, 2008, 12 year-old S.N, who was an orphan boy, was standing outside the door of his aunt’s house at Tigoni Trading Centre, Limuru. He was staying in the house with the aunt, J.W.N (PW2) and cousin, L.W.W (PW3), and was waiting for them to open the door. Just then, the appellant, who was the next door neighbour and friend of the family arrived. He persuaded S.N to go to his house instead of waiting for too long outside their house and S.N agreed. Inside the house, the appellant told S.N to undress and sleep. The appellant started to touch him on the thighs whereupon S.N got out of bed, took his…

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