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Shem Mang'ula v. Republic

(2015) JELR 93821 (CA)

Court of Appeal  •  Criminal Appeal 24 of 2013  •  5 Feb 2015  •  Kenya

Coram
David Kenani Maraga, Festus Azangalala, Sankale ole Kantai

Judgement

JUDGMENT OF THE COURT

The appellant, Shem Mang’ula, was charged before the Chief Magistrate‘s Court at Kisumu with the offence of defilement contrary to Section 8(1) as read with Section 8(3) of the Sexual Offences Act No. 3 of 2006. He also faced an alternative charge of committing an indecent act with a child contrary to Section 11(1) of the same Act.

The particulars of the principal charge were that on the 22nd day of October, 2010 at [particulars withheld] Estate in Kisumu District (now Kisumu County) within Nyanza Province, the appellant penetrated, with his penis, the vagina of J K, a child aged 15 years.

As the appellant was convicted of the principal charge we need not set out the particulars of that alternative count.

The trial of the appellant commenced on 13th January, 2011 when the complainant, J K, a girl aged 15 years testified on oath. She testified how, on the material night, she was sent by her mother, R I (PW2) (R), to buy kerosene from a local store. On her way back, sh…

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