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Peter Gitau Machugu v. Republic

(2020) JELR 95024 (CA)

Court of Appeal  •  Criminal Appeal 8 of 2019  •  25 Sep 2020  •  Kenya

Roselyn Naliaka Nambuye, Sankale ole Kantai, Patrick Omwenga Kiage



This is a second appeal arising from the judgment of the High Court of Kenya at Kiambu in Criminal Appeal No. 142 of 2016 (Joel Ngugi, J) dated 21st June 2017.

The background to the appeal is that the appellant was arraigned before the Senior Resident Magistrate’s Court at Thika charged with the offence of defilement of a girl contrary to section 8(1) as read with section 8(2) of the Sexual Offences Act No. 3 of 2006 (SOA). The particulars of the offence were that on diverse dates between 1st October 2011 and 29th October 2011 at [Particulars withheld] area within Kiambu County, he intentionally caused his penis to penetrate the vagina of “TNW” a child aged 13 years. The appellant also faced an alternative count of the offence of committing an indecent act with a child contrary to section 11(1) of the Sexual Offences Act No. 3 of 2006 [SOA]. The particulars were that on the same diverse dates he touched the vagina and breast of the child “TNW”, aged 13 years with h…

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