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Sammy Wangombe Waweru v. Republic

(2011) JELR 96455 (CA)

Court of Appeal  •  Criminal Appeal 624 of 2010  •  2 Feb 2011  •  Kenya

Coram
Samuel Elikana Ondari Bosire, John walter Onyango Otieno, Joseph Gregory Nyamu

Judgement

JUDGMENT OF THE COURT

In the trial court, the appellant, Sammy Wangombe Waweru, was charged with the offence of defilement of a girl under 15 years contrary to section 8 of the Sexual Offences Act 2006. The particulars of the offence as per the charge sheet, were that on 10th December, 2006 in the then Nyandarua District within Central Province, the appellant had carnal knowledge of E.W.K,(PW2,) a girl under 15 years. In the alternative, the appellant was also charged with the offence of indecent act with a child contrary to section 11(1) of the Sexual Offences Act.

The particulars of the alternative charge were that on the same day in the then Nyandarua District within Central province, he unlawfully and indecently assaulted PW2, a child under 15 years by touching her private parts. After the trial, the trial magistrate found the appellant guilty, convicted him and sentenced to 20 years imprisonment. Aggrieved by the verdict, the appellant appealed to the High Court and by a judgment d…

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