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Safari Matano Lumbao v. Republic

(2013) JELR 96481 (CA)

Court of Appeal  •  Criminal Appeal 126 of 2010  •  22 Nov 2013  •  Kenya

Coram
David Kenani Maraga, Mohammed Abdullahi Warsame, Agnes Kalekye Murgor

Judgement

JUDGMENT OF THE COURT

The appellant, SAFARI MATANO LUMBAO, was tried by the Senior Principal Magistrate’s court on a charge of an unnatural offence contrary to Section 162 (a) of the Penal Code. The particulars of the offence were that on 24th September 2006, at Ongata Rongai in Kajiado District, within the Rift Valley Province, the appellant had carnal knowledge of R.C.S. against the order of nature.

Briefly, the facts of the case were that on 24th September 2006 at Ongata Rongai, the complainant, aged four was in the house, while her mother was in the bathroom located outside the house. On hearing the child cry, the mother went to check, and found the complainant without her under pants, bleeding and in pain. The complainant cried out the name of “Matano”, the appellant who had been present, but had seemingly disappeared. The mother, with the assistance of neighbours, searched for the appellant, arrested him, and handed him to the police. Thereafter, the police commenced investigation…

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