judy.legal
Login Register

Samuel Waithaka Mbugua v. Republic

(2011) JELR 94044 (CA)

Court of Appeal  •  Criminal Appeal 118 of 2010  •  8 Apr 2011  •  Kenya

Coram
Philip Nyamu Waki, John walter Onyango Otieno, Joseph Gregory Nyamu

Judgement

JUDGMENT OF THE COURT

The appellant in this appeal Samuel Waithaka Mbugua who conducted his second and last appeal before us in person, faced one charge of defilement contrary to section 8 (1) (2) of the Sexual Offences Act 2006, and alternative charge of indecent act with a child contrary to section 11 (1) of the Sexual Offences Act and one charge of attempted defilement contrary to section 9 (1) as read with section 3 (1) of the Sexual Offences Act 2006 and alternative charge of indecent act with a child contrary to section 11 (1) of the Sexual Offences Act 2006. The particulars of the offence of defilement were that:- “On the 27th day of September, 2006 in Kiambu District within the Central Province, you committed an act which causes penetration and did penetrate the genital organs of A. K. M a girl aged 7 years.” The particulars of the alternative charge to that of attempted defilement read as follows:- “On the 27th day of September, 2006 in Kiambu District within Central Province,…

There's more. Sign in to continue reading

JUDY is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.


Get started   Login