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Suleiman Edung v. Republic

(2013) JELR 96514 (CA)

Court of Appeal  •  Criminal Appeal 67 of 2011  •  17 Oct 2013  •  Kenya

Coram
John Wycliffe Mwera, Mohammed Abdullahi Warsame, William Ouko

Judgement

JUDGMENT OF THE COURT

The appellant, who was an assistant chief of [particulars withheld] Sub-Location in the former Turkana South District was charged under Section 8 (1) as read with Section 8 (3) of the Sexual Offences Act with the offence of defilement of a girl aged 15 years. It was the prosecution case that on the day in question, the complainant, who was a neighbour of the appellant went to the appellant's home with the latter's daughter, her foster parents having gone to church that morning. When they returned home later in the day, the complainant was not at home. They went to the appellant's home to look for her. As the complainant was being hidden in the appellant's home, they returned without her. It was not until 10pm when the complainant came back. After being beaten by her foster father, she disclosed she had been with the appellant who she said was treating her as his wife. She further explained that besides that particular day (4th January, 2009) she had sex with the a…

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