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Samson Mumbaa Murigi v. Republic

(2020) JELR 94849 (CA)

Court of Appeal  •  Criminal Appeal 33 of 2019  •  22 May 2020  •  Kenya

Coram
Milton Stephen Asike Makhandia, Mohammed Abdullahi Warsame, Jamila Mohammed

Judgement

JUDGMENT OF THE COURT

Samson Mumbaa Murigi, the appellant was charged and convicted for the offence of defilement contrary to Section 8 (1) as read with Section 8 (3) of the Sexual Offences Act in the Chief Magistrate’s Court at Thika.

The particulars of the main charge were that on 26th February, 2016 at Gatea Village in Murang’a County, the appellant intentionally caused his penis to penetrate the vagina of PW1, a child aged 15 years.

In convicting the appellant, the court relied on the evidence of the complainant PW1 and her mother PW2. According to PW1’s testimony, she was leaving a neighbour’s house when the appellant, who was also a neighbour invited her into his home. After a brief conversation about her education he proceeded to remove their clothes and defiled her. She then heard her mother yelling and banging on the door.

PW2, JW, stated that she received a phone call from one Agnes instructing her to go to the plot as her daughter was in a boy’s house. She knocked on the door b…

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