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Titus Musyoka v. Republic

(2020) JELR 95213 (CA)

Court of Appeal  •  Criminal Appeal 76 of 2016  •  24 Jan 2020  •  Kenya

Hannah Magondi Okwengu, Jamila Mohammed




1. The appellant, Titus Musyoka was charged with the offence of defilement contrary to section 8 (1) as read with section (3) of the Sexual Offences Act No. 3 of 2006. The particulars of the offence were that on 15 th January, 2011 at about 6:00 pm at Mulani village, Munanga sub location, Miambini location in Kitui District of the Eastern province, he intentionally used his penis to penetrate the vagina of KK (name withheld) a child aged 13 years. He was convicted and sentenced to 20 years imprisonment.

2. In support of its case the prosecution called five (5) witnesses, including the complainant. It was the complainant’s testimony that she was a 13 year old class 6 pupil at Miambani Primary School. On 15th January, 2011 at around 6:00pm she was in their farm watching over crops when the appellant whom she knew very well as her neighbor arrived. The appellant took her to Maakani river which was dry and while holding a knife forced her to lie down and subs…

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