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Philip Ochieng Mweresa v. Republic

(2019) JELR 96719 (CA)

Court of Appeal  •  Criminal Appeal 104 of 2015  •  6 Jun 2019  •  Kenya

Coram
Hannah Magondi Okwengu, Jamila Mohammed

Judgement

JUDGMENT OF THE COURT

Background

[1] This is a second appeal by Philip Ochieng Mweresa, (the appellant), following the dismissal of his appeal by the High Court against his conviction and sentence by the Chief Magistrate’s Court at Kitale, for the offence of defilement contrary to Section 8 (1) as read together with Section 8 (2) of the Sexual Offences Act No. 3 of 2006 Laws of Kenya.

[2] The particulars of the charge against the appellant were that on 20th April, 2009 in Trans Nzoia West District within the Rift Valley Province by the use of his genital organ, namely penis, he caused penetration to the genital organ, namely vagina of the complainant, FO (name withheld) a child aged 3 years.

[3] During the trial, the prosecution called four (4) witnesses including the minor complainant (the complainant), her mother HM (H), the clinical officer, Chrisantus Masinde (Masinde), and Police Constable Jillo wario (PC Wario) who was the Investigating Officer.

[4] The evidence was that on 20th Apri…

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