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(2013) JELR 94678 (CA)

Court of Appeal  •  Criminal Appeal 71 of 2011  •  30 Jan 2013  •  Kenya

John walter Onyango Otieno, Martha Karambu Koome, Wanjiru Karanja



The appellant in this second appeal, WELLINGTON WANYONYI, was charged in the Chief Magistrate's Court at Kitale with the offence of Defilement of a child contrary to Section 8(1) as read with Section 8(4) of the Sexual Offences Act – Act NO. 3 of 2006. The particulars of that offence were that:-

“On the diverse dates between 8th December, 2006 and 10th March, 2007 Trans-Nzoia District within the Rift Valley Province, by use of your (sic) genital organ caused penetration into genital organ of CN a child aged 15 years.”

There was alternative charge of indecent assault to a child contrary to Section 11(1) of the Sexual Offences Act – Act No. 3 of 2006. He denied both the main charge and the alternative but after hearing six prosecution witnesses, the learned Principal Magistrate (P.N. Gichohi) found that a prima facie case had been established and put him to his defence. Thereafter, the rest of the case was heard by Ochenja, Acting Principal Magistrate who took over th…

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