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Peter Kitai Wafula v. Republic

(2007) JELR 95271 (CA)

Court of Appeal  •  Criminal Appeal 256 of 2005  •  21 Sep 2007  •  Kenya

Coram
Samuel Elikana Ondari Bosire, John walter Onyango Otieno, Erastus Mwaniki Githinji

Judgement

JUDGMENT OF THE COURT

The appellant PETER KITAI WAFULA was charged before the Senior Principal Magistrate court at Kitale with the offence of defilement of a girl contrary to section 145 (1) of the Penal Code. The particulars of the offence were that on the 13th day of May, 205 at [particulars withheld] Farm in Trans Nzoia District within Rift Valley Province, he unlawfully had carnal knowledge of R.N., a girl under the age of sixteen years. When the substance of the charge and every element of it was explained to him by the court in Kiswahili language which he understood and he was thereafter asked whether he admitted or denied the truth of every element of the charge, he stated in Kiswahili language that the charge was true. Facts were then read to him and he admitted the facts as correct adding that he had carnal knowledge of the girl. He was then found guilty on his own plea and convicted. On mitigation, the appellant said he had no problems and the court sentenced him to serve imp…

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