Stanley Nkunja v Republic [2013] eKLR
IN THE COURT OF APPEAL
AT NYERI
(CORAM: VISRAM, KOOME & ODEK, JJ.A)
CRIMINAL APPEAL NO. 280 OF 2012
BETWEEN
STANLEY NKUNJA....................................................................... APPELLANT
AND
REPUBLIC.................................................................................... RESPONDENT
(An appeal from the judgment of the High Court of Kenya at Meru (Lesiit, J.)
dated 9th December, 2010
in
H.C.CR.A. NO. 59 OF 2008)
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JUDGMENT OF THE COURT
1. Stanley Nkunja, the appellant herein, was charged with the offence of defilement contrary to
section 8(1) as read with section 8(2) of the Sexual Offences Act, No. 3 of 2006, in the
Principal Magistrate's Court at Maua. The particulars of the offence were that on 12th February
2008 in Igembe North District within the then Eastern Province, the appellant had unlawful and
intentional penetration of VM a child under the age of 11 years.
2. The prosecution called a total of 5 witnesses in support of its case. It was the prosecution's case
that on 12th February, 2008 at around 3:00 p.m., PW2, CM (C), sent her daughter, PW1, VM (V),
to go and pick a sufuria from their hotel which was 100 metres from their home. Upon reaching
the hotel V found the appellant who had rented a room at the hotel, washing clothes. He followed
her to the kitchen, grabbed her by her neck, and covered her mouth. He then placed her on top
of a table, lifted her skirt upwards, and removed her panty. The appellant proceeded to remove
his trousers, lay on top of V and penetrated her vagina with his penis. V tried to scream but the
appellant had held her mouth. After the appellant was through he got up and left.
3. C got concerned that V had not returned and decided to go to the hotel to check on her. As she
arrived at the hotel, she saw the appellant come out of the kitchen, followed by V who was
carrying a sufuria. V told her what had happened. She inspected her daughter and found
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