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SNT v. Republic

(2013) JELR 96495 (CA)

Court of Appeal  •  Criminal Appeal 20 of 2012  •  6 Nov 2013  •  Kenya

Coram
Martha Karambu Koome, Daniel Kiio Musinga, Agnes Kalekye Murgor

Judgement

JUDGEMENT OF THE COURT

This is an appeal from the judgment of the High Court (Wakiaga, J.) dated 17th February, 2012 in which the appellant's conviction for the offence of incest by the Senior Resident Magistrate at Kangema was confirmed and the sentence of 14 years' imprisonment handed down by the trial court was enhanced to life imprisonment. SNT, the appellant, was charged with the offence of incest contrary to Section 20 (1) of the Sexual Offences Act No. 3 of 2006 and an alternative count of indecent assault of a female contrary to Section 11(1) of the Sexual Offences Act as aforesaid.

The Information placed before the court on the charge of incest was that on 22nd September, 2006 in Muranga District within the then Central Province, the appellant being a male person caused a penetration of his male organ into CWN., a female person who to his knowledge was his daughter. The particulars of the alternative charge were that on the aforementioned date and place the appellant unlawfully…

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