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Solomon Limangura v. Republic

(2019) JELR 96724 (CA)

Court of Appeal  •  Criminal Appeal 187 of 2018  •  28 Nov 2019  •  Kenya

Coram
Erastus Mwaniki Githinji, Hannah Magondi Okwengu, Jamila Mohammed

Judgement

JUDGMENT OF THE COURT

Background

[1] Solomon Limangura, (the Appellant) is before us in this second appeal in which he challenges the dismissal of his first appeal by the High Court (Chemitei, J.). The Appellant was tried and convicted in the Chief Magistrate’s Court at Kitale for the offence of defilement contrary to section 8(1) as read with section 8(2) of the Sexual Offences Act (the Act).

[2] The particulars of the offence were that on 31st May, 2011 at [particulars withheld] Farm within Trans Nzoia County, the appellant intentionally and unlawfully did cause his penis to come into contact with the vagina of AN (name withheld) a girl aged 11 years in violation of the said Act.

[3] During the trial, the prosecution called four (4) witnesses. These were the minor complainant (the complainant), her grandmother, RN (R), Dr. Odhiambo Edward (Dr. Odhiambo) a medical officer at Endebess Hospital who testified on behalf of Dr. Kagundi, the complainant’s uncle JMJ (J), and the Investigating O…

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