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(2015) JELR 92921 (CA)

Court of Appeal  •  Criminal Appeal 38 of 2013  •  3 Jul 2015  •  Kenya

David Kenani Maraga, Daniel Kiio Musinga, Agnes Kalekye Murgor



The appellant, ZEMBETAYO AMBILINJI, was tried by the Senior Resident Magistrate’s Court at Butali on a charge of defilement of a girl contrary to Section 8 (1) as read with section 8(2) the Sexual Offences Act No.3 of 2006. The particulars of the offence were that on 25th May 2010, at [particulars withheld] village, South Kabras location in Kakamega North District, within the Western Province the appellant unlawfully and willingly inserted his genital organ, namely a penis into the genital organ of a girl aged 16 years namely, SQM (PW 1), the complainant.

The brief facts of the case are that on 25th May 2010 at about 8 am SQM, a standard 8 pupil at [particulars withheld] Primary School, was on her way to sports in her school, when she met the appellant on the road near her school. The appellant got hold of her and threatened to beat her if she screamed. The appellant took SQM, locked her in his house, and ordered her to undress, following which, he defiled her five…

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