David Ndumba v Republic [2013] eKLR
IN THE COURT OF APPEAL
AT NYERI
(CORAM: VISRAM, KOOME & ODEK, JJ.A)
CRIMINAL APPEAL NO. 272 OF 2012
BETWEEN
DAVID NDUMBA …………………………………..…….......…… APPELLANT
AND
REPUBLIC ………………………………………...…………… RESPONDENT
(An appeal from the judgment of the High Court of Kenya at Meru (Lesiit, J.) dated 27th
September, 2011
in
H.C.CR.A NO. 111 OF 2009)
************************
JUDGMENT OF THE COURT
1. David Ndumba, the appellant, was charged with one count of rape contrary to Section 3(1) (a)
& (c) as read together with Section 7 of the Sexual Offences Act No. 3 of 2006 in the Senior
Principal Magistrate’s Court at Meru. The particulars of the offence were that on 21st November,
2007 at Isiolo District Hospital in Isiolo District within the then Eastern Province, the appellant
intentionally and unlawfully had sexual intercourse with FK a person with mental disability with
the consent of the said FK which consent was obtained by means of threats and force.
2. The appellant was also charged with an alternative count of indecent act with an adult contrary to
Section 11(6) of the Sexual Offences Act. The particulars of the alternative charge were that on
21st November, 2007 at Isiolo District Hospital in Isiolo District within the then Eastern Province
the appellant committed an act of indecency with an adult namely FK a person with mental
disability by touching her private parts.
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