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Teddy Kawire Odero v. Republic

(2019) JELR 94794 (CA)

Court of Appeal  •  Criminal Appeal 12 of 2014  •  8 Feb 2019  •  Kenya

Coram
Alnashir Ramazanali Magan Visram, Martha Karambu Koome, Wanjiru Karanja

Judgement

JUDGMENT OF THE COURT

1. The appellant, Teddy Kawire Odero, was charged before the Senior Principal Magistrate’s Court, Makadara, with the offence of defilement contrary to Section 8(1) (3) of the Sexual Offences Act, No. 3 of 2006. The particulars of the offence were that on the 2nd day of August 2007 at [particulars withheld] Estate Phase Four, Nairobi within Nairobi area committed an act which caused penetration with his genital organ into the female genital organ of MNW, a child aged 13 years.

2. He was also charged with an alternative count of committing an indecent act with a child contrary to Section 11(1) of the same Act the particulars being that on the 2nd day of August 2007 at [particulars withheld] Estate Phase Four, Nairobi within Nairobi area, he intentionally and unlawfully committed an indecent act with MNW, a child aged 13 years, by touching her private parts (vagina).

3. In brief, the case against the appellant as established by the evidence led before the trial court w…

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