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Penginepo Hassan Kuvua v. Republic

(2005) JELR 93959 (CA)

Court of Appeal  •  Criminal Appeal 131 of 2004  •  29 Jul 2005  •  Kenya

Coram
Riaga Samuel Cornelius Omolo, Erastus Mwaniki Githinji, William Shirley Deverell

Judgement

JUDGMENT OF THE COURT

In his second appeal to this Court, Penginepo Hassan Kuvua, the appellant hereinafter, raises two issues of law against his conviction and sentence by a Senior Resident Magistrate at Kwale on two counts of defilement under section 145 (1) of the Penal Code. In the first count, it was alleged that on 22nd day of November, 2002 at [particulars witheld] Village, Diani Location, in Kwale District, the appellant had unlawful carnal knowledge of M.A., a girl under the age of fourteen years while in the second count it was alleged that on the same day at the same place, the appellant had unlawful carnal knowledge of M.M., a girl under the age of fourteen years. At the time of the alleged offences, the girl named in the first count and who testified on oath before the Magistrate as P.W.1 was only eight (8) years old while the second girl in the second count was only five (5) years old. She gave unsworn evidence as P.W2. The trial Magistrate accepted the prosecution’s vers…

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