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PWO v. Republic

(2019) JELR 95297 (CA)

Court of Appeal  •  Criminal Appeal 96 of 2016  •  7 Oct 2019  •  Kenya

Philip Nyamu Waki, Daniel Kiio Musinga, James Otieno Odek



1. PWO was arraigned before the Magistrates’ Court on the offence of defilement contrary to Section 8 (1) and (2) of the Sexual Offences Act. The particulars were that on the 17th day of April, 2012 at about 5.00 pm at [particulars withheld] sub-location in Matungu District within Kakamega County he intentionally and unlawfully caused his penis to penetrate the vagina of AS, a girl aged six (6) years old.

2. The prosecution case was grounded, inter alia, on the testimony of the complainant, AS (PW2), who after the voire dire examination testified as follows:

“I am A.S. I am in nursery school. I live with Shosho (PW1). My dad is called s (points at the accused). My mum is PN She is at home.

On 17th April 2012 at 5.00 pm, I was at my father’s place from Shosho’s place. Daddy told me to go to his place. I had gone to pick firewood and he said I pick pen and paper from his place. I reached home. Daddy had gone to drink alcohol. He came back later and he was drunk. I was …

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