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P.K.W v. Republic

(2012) JELR 95058 (CA)

Court of Appeal  •  Criminal Appeal 186 of 2010  •  5 Jul 2012  •  Kenya

Coram
Kalpana Hasmukhrai Rawal, David Kenani Maraga

Judgement

JUDGMENT OF THE COURT

1. This appeal has caused us considerable anxiety. Considerable anxiety because we have on the one hand a vulnerable minor child aged only six years old whom Section 31(1) of the Sexual Offences Act No. 3 of 2006 (the Act) requires us to protect and her father who has been sentenced to life imprisonment for allegedly defiling her. Considerable anxiety because the two courts below have made a concurrent finding that the child was indeed defiled by her own father. As this type of crime is nowadays, unfortunately, common in this country we suppose due, inter alia, to the decadence of our moral values, one mighty wonder why it should cause us anxiety. Read on to the end and you will see the cause.

2. P.K.W, the Appellant was charged before the Senior Resident Magistrate’s court at Nyeri with the offence of incest by male contrary to Section 20(1) of the Sexual Offences Act No. 3 of 2006. The particulars of that charge were that on 8th day of May 2008 in Nyeri District …

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