SNT v Republic [2013] eKLR IN THE COURT OF APPEAL AT NYERI (CORAM: KOOME, MUSINGA & MURGOR, JJ.A.) CRIMINAL APPEAL NO. 20 OF 2012 BETWEEN SNT …..................................................................................................APPELLANT AND REPUBLIC …........................................................................................ RESPONDENT (An appeal from the judgment of the High Court at Nyeri (Wakiaga, J.) dated 17th February, 2012 in H.C.CR.A NO. 301 OF 2008) ************************ JUDGEMENT OF THE COURT 1. This is an appeal from the judgment of the High Court (Wakiaga, J.) dated 17th February, 2012 in which the appellant's conviction for the offence of incest by the Senior Resident Magistrate at Kangema was confirmed and the sentence of 14 years' imprisonment handed down by the trial court was enhanced to life imprisonment. SNT, the appellant, was charged with the offence of incest contrary to Section 20 (1) of the Sexual Offences Act No. 3 of 2006 and an alternative count of indecent assault of a female contrary to Section 11(1) of the Sexual Offences Act as aforesaid. 2. The Information placed before the court on the charge of incest was that on 22nd September, 2006 in Muranga District within the then Central Province, the appellant being a male person caused a penetration of his male organ into CWN., a female person who to his knowledge was his daughter. The particulars of the alternative charge were that on the aforementioned date and place the appellant unlawfully and indecently sexually assaulted CWN by touching her private parts. 3. The prosecution called four witnesses in support of its case against the appellant. It was the prosecution's case that on 22nd September, 2006 at around 8:00 a.m. PW1, the complainant a young girl aged 11 years, was at home in the company of her other siblings. Her father who is the http://www.kenyalaw.org - Page 1/7