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(2017) JELR 94863 (CA)

Court of Appeal  •  Criminal Appeal 21 of 2015  •  1 Mar 2017  •  Kenya

Philip Nyamu Waki, Roselyn Naliaka Nambuye, Festus Azangalala



The Appellant Thomas Mwambu Wenyi (the appellant) was arraigned before the Chief Magistrates Court at Nanyuki, tried and found guilty of the offence of defilement of JKM a girl under the age of sixteen years contrary to Section 145(1) of the Penal Code; and indecent assault on SKM also a girl under the age of sixteen (16) years Contrary to Section 144(1) of the Penal Code.

The appellant denied the offences, provoking a trial in which the prosecution called a total of Eight (8) witnesses in support of the charges, while the appellant was the sole witness for the defence.

It was the testimony of JKM and SKM that on the 14th April, 2004 the appellant lured them to his house where he placed them on his laps. He started fingering their private parts before carrying JKM to his bed, proceeded to unzip his trouser, lowered it and then forcefully removed both the trouser and inner pant of JKM, straddled her and inserted his penis into her vagina. She felt pain and tried to s…

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