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Samson Oginga Ayieyo v. Republic

(2006) JELR 93822 (CA)

Court of Appeal  •  Criminal Appeal 165 of 2006  •  24 Nov 2006  •  Kenya

Coram
Riaga Samuel Cornelius Omolo, Samuel Elikana Ondari Bosire, John walter Onyango Otieno

Judgement

JUDGMENT OF THE COURT

The appellant, Samson Oginga Ayieyo, (the appellant), was charged before the Senior Resident Magistrate’s Court, at Nyando, with the offence of defilement of a girl contrary to section 145(1) of the Penal Code, the particulars thereof being that on 15th day of March, 2004, at [Particulars withheld] Estate in Nyando District of the Nyanza Province, had carnal knowledge of L.A.O., a girl under the age of 16 years.

The key witnesses who testified for the prosecution were L.A.O. (the Complainant), a girl aged about 6 years old, her sister, R.A. (PW2), aged 12 years, their mother, J.A. (PW3) and a clinical officer, Thomas Oluoch (PW6).

Section 19 of the Oaths and Statutory Declarations Act, Cap 15 Laws of Kenya deals with the reception of evidence of children of tender years by a court or any adjudicating authority. Sub-Section (1) thereof provides thus:-

“19(1) Where, in any proceedings before any court or person having by law or consent of parties authority to receive e…

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