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Reuben Lukuru v. Republic

(2019) JELR 96758 (CA)

Court of Appeal  •  Criminal Appeal 15 of 2015  •  3 Jul 2019  •  Kenya

Coram
Milton Stephen Asike Makhandia, James Otieno Odek, Patrick Omwenga Kiage

Judgement

JUDGMENT OF THE COURT

The appellant, Reuben Lukuru, was arrested and arraigned before the Chief Magistrate’s Court at Kakamega on 25th October, 2010 on a charge of defilement, contrary to section 8(1) (2) of the Sexual Offences Act No. 3 of 2006 (the Act). The particulars of the charge were that;

“On 22nd day of October 2010 at [Particulars Withheld] village, in Central Kakamega district within western province, unlawfully and intentionally inserted his genital organ namely penis into the genital organ namely vagina of LK a girl aged five and a half years.”

The prosecution preferred an alternative charge against the appellant of an indecent act with a child contrary to section 11(1) of the Act particularized that;

“On 22nd day of October 2010 at [Particulars Withheld] village, in Central Kakamega district within western province, unlawfully and intentionally contacted his genital organ namely penis into the genital organ namely vagina of LK a girl aged five and a half years.”

The appellant…

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