WELLINGTON WANYONYI V REPUBLIC[2013]eKLR
REPUBLIC OF KENYA
Court of Appeal at Eldoret
Criminal Appeal 71 of 2011
WELLINGTON WANYONYI..................................................APPELLANT
AND
REPUBLIC..........................................................................RESPONDENT
(Appeal from a judgment of the High Court of Kenya at Kitale (Ombija, J) dated 7th April, 2011
in
H.C.CR.A. NO. 46 OF 2009)
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JUDGMENT OF THE COURT
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 the case having duly complied with the provisions of Section
200 of the Criminal Procedure Code. The appellant gave his unsworn statement in defence. On 27th
August, 2009, the learned Acting Principal Magistrate delivered a judgment in which the appellant was
found guilty as charged in the main charge and after considering the mitigating circumstances by the
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