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Thomas Aluga Ndegwa v. Republic

(2018) JELR 94668 (CA)

Court of Appeal  •  Criminal Appeal 2 of 2014  •  26 Jan 2018  •  Kenya

Coram
Paul Kihara Kariuki, Agnes Kalekye Murgor, Kathurima M'inoti

Judgement

JUDGMENT OF THE COURT

(1) Thomas Aluga Ndegwa, the appellant herein, was charged before the Chief Magistrate?s Court at Thika with the offence of defilement contrary to section 8(1) as read with section 8(2) of the Sexual Offences Act. The particulars of the charge were that on the 31st July 2010, at [Particulars Withheld] Estate of Ruiru District, within the then Central Province, the appellant committed an act which caused penetration with IN, (the complaint) a child aged 5 1/2 years old.

(2) The evidence against the appellant as given to the trial court was as follows: on the 31st July 2017, the complainant was playing near her home when the appellant called her to his house. At the house, he asked her to undress and lie down on the bed after which he proceeded to defile her. That evening, the complainant was at home with her mother, VK (PW1) and informed her that the appellant had „done bad manners to her? and then gave her some money and asked her not to tell anyone what had transp…

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