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Richard Ouma Ombai v. Republic

(2019) JELR 95196 (CA)

Court of Appeal  •  Criminal Appeal 51 of 2015  •  31 Jul 2019  •  Kenya

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

Judgement

JUDGMENT OF THE COURT

1. The appellant was charged with defilement contrary to Section 8 (1) and (2) of the Sexual Offences Act. The particulars were that on 12th November 2009 in Ndhiwa District within Nyanza Province he caused his penis to penetrate the vagina of EA a child aged eight (8) years. He faced an alternative charge of indecent act with a child contrary to Section 11 (1) of the Sexual Offences Act.

2. Upon denying the offences, the appellant was tried, convicted and sentenced to life imprisonment by the trial magistrate. His appeal to the High Court was dismissed. He has filed the instant second appeal to this Court. At the hearing of the appeal, he abandoned his appeal against conviction and now appeals against the mandatory minimum life sentence meted upon him by the trial magistrate and affirmed by the High Court.

3. The prosecution case was founded inter alia on the testimony of the complainant, PW1 EA, a minor aged 8 years old. After voire dire examination, PW1 testified…

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