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Silverious Eprong Okiru v. Republic

(2019) JELR 96755 (CA)

Court of Appeal  •  Criminal Appeal 118 of 2015  •  21 Nov 2019  •  Kenya

Coram
Hannah Magondi Okwengu, Sankale ole Kantai, Fatuma sichale

Judgement

JUDGMENT OF THE COURT

[1] This is a second appeal in which Silverious Eprong Okiru (appellant) is aggrieved by the judgment of the High Court in which his first appeal from the judgment of the Senior Principal Magistrate court in Bungoma was dismissed.

[2] The appellant had been tried and convicted by the magistrate’s court for the offence of defilement contrary to section 8(1) of the Sexual Offences Act. It was alleged that on diverse dates between 25th and 28th August, 2010 at [particulars withhled] Village in Bungoma North District, he caused his penis to penetrate the vagina of R.N.M. (named) withheld, a girl aged 13 years.

[3] During the trial, RNM who was a class six student at [particulars withheld] Primary School testified that the appellant who was a watchman at the school met with her as she was going to visit her uncle. He threatened her and forced her to board his bicycle, took her to his house where he locked her for two days, during which period he had sexual intercourse wi…

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