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Sahali Omar v. Republic

(2017) JELR 93918 (CA)

Court of Appeal  •  Criminal Appeal 44 of 2016  •  22 Jun 2017  •  Kenya

Coram
Alnashir Ramazanali Magan Visram, Martha Karambu Koome, Wanjiru Karanja

Judgement

JUDGMENT OF THE COURT

Sahali Omar (“appellant”) was arraigned before the Chief Magistrates’ Court at Malindi, charged in two separate but identical cases, being Malindi Cr. case No.s 8 and 9 of 2010. In each case, he faced two charges, namely defilement of a girl contrary to section 8(3) of the Sexual Offences Act No. 3 of 2006 and alternately, indecent act contrary to section 11(1) of the Sexual Offences Act No. 3 of 2006.

The charges and particulars in Malindi Cr. case No. 8 of 2010 read as follows:-

“Defilement of a girl contrary to section 8(3) of the Sexual Offences Act No. 3 of 2006: On diverse dates between the month of August, 2009 and 12th March, 2010 at [Particulars withheld] within Malindi District of the Coast Province, intentionally and unlawfully committed an act which causes (sic) the penetration of your genital organ into the genital organ of A W, a girl aged 12 years old’

In the alternative;

‘Indecent act contrary to section 11(1) of the Sexual Offences Act No. 3 of 2006: …

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