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Robert Ole Gweni v. Republic

(2015) JELR 93876 (CA)

Court of Appeal  •  Criminal Appeal 329 of 2011  •  25 Mar 2015  •  Kenya

Coram
David Kenani Maraga, John Wycliffe Mwera, Sankale ole Kantai

Judgement

JUDGMENT OF THE COURT

This is a second appeal in which Robert Ole Gweni, the appellant, is fighting his conviction and life sentence on a charge of defilement; his first appeal to the High Court having been dismissed.

The factual background of the appeal is as follows: The appellant was charged with the offence of defilement of a girl aged 11 years contrary to Section 8(1) as read with sub-section 2 of the Sexual Offences Act. He was in the alternative charged with indecent assault contrary to Section 11(1) of the Sexual Offences Act (the Act). The particulars of the main charge alleged that on 4thMay, 2009, at [particulars withheld] Sub- location in Siaya District of former Nyanza Province, the appellant defiled M.A.O. (the complainant), a girl aged 11 years. Those of the alternative charge alleged that on the same day and at the same place the appellant unlawfully and indecently assaulted the complainant by touching her private parts.

The appellant pleaded not guilty to the two charges…

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