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Peter Edukon v. Republic

(2006) JELR 96722 (CA)

Court of Appeal  •  Criminal Appeal 186 of 2005  •  22 Sep 2006  •  Kenya

Coram
Philip Kiptoo Tunoi, Emmanuel Okello O'Kubasu, William Shirley Deverell

Judgement

JUDGMENT OF THE COURT

Peter Edukon, the appellant herein, was charged with the offence of defilement of a girl under the age of fourteen years contrary to Section 145 (1) of the Penal Code. The particulars of the offence were that:

“Peter Edukon

On the 31st day of December, 2004 at [Particulars Withheld] in Turkana District of the Rift Valley Province, unlawfully had carnal knowledge of M A a girl under the age of sixteen years”.

The appellant was arraigned before the Senior Resident Magistrate’s Court at Lodwar on 4th January, 2005 when he pleaded “Not Guilty” to the charge. The appellant’s trial commenced on the 31st January, 2005 when three prosecution witnesses (PW1, PW2 and PW3) testified against him. The trial was adjourned to 14th February, 2005 when the fourth prosecution witness (PW4) testified. The trial was then adjourned to 23rd February, 2005 when the appellant changed his plea of “Not Guilty” to “Guilty”. Upon that change of plea by the appellant, the Court Prosecutor, one I…

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