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P.M.M v. Republic

(2010) JELR 95103 (CA)

Court of Appeal  •  Criminal Appeal 299 of 2008  •  25 Jun 2010  •  Kenya

Philip Kiptoo Tunoi, John walter Onyango Otieno, Erastus Mwaniki Githinji



P.M.M., the appellant herein and a peasant farmer in Murangá District in Central Province, was charged before the Senior Resident Magistrate at Kangema with incest by male contrary to section 20(1) of the Sexual Offences Act No. 3 of 2006. He was found guilty as charged and sentenced to life imprisonment. The appellant being aggrieved by the verdict of that court, preferred an appeal to the High Court of Kenya at Nyeri against both conviction and sentence. On 28th October 2008, Kasango, J after hearing the appeal, upheld the conviction but reduced the sentence to twenty (20) years imprisonment. This is therefore a second appeal. Incest is sexual intercourse between persons who are within the prohibited degrees of affinity, or consanguinity. See R v. Ball [1911] AC47. The case before us is a father-daughter incest. It is not a common offence before our courts. According to Wikipedia: The Free Encyclopedia – incest is any sexual intercourse between close relatives, …

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