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Rophas Furaha Ngombo v. Republic

(2019) JELR 94447 (CA)

Court of Appeal  •  Criminal Appeal 42 of 2018  •  17 Oct 2019  •  Kenya

Daniel Kiio Musinga, Agnes Kalekye Murgor, Stephen Gatembu Kairu



1. The appellant was charged with the offence of defilement contrary to Section 8(4) of the Sexual Offences Act, the particulars being that between 7th and 8th August 2014, at [particulars withheld] village in Konjora sub-location in Kilifi township location within Kilifi County, intentionally and unlawfully caused his penis to penetrate the vagina of SM, a child aged 16 years. He was tried before the Senior Principal Magistrate’s’ Court at Kilifi and convicted. Thereafter he was sentenced to serve 15 years imprisonment. His first appeal to the High Court on grounds that the charge sheet was defective; that the complainant’s age was not established; that he was himself a minor; and that his defence was not considered was rejected.

2. In this second appeal, which under Section 361 of the Criminal Procedure Code, must be confined to matters of law, the appellant contends that the High Court failed to consider that the provision in the Sexual Offences Act providing ma…

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