D.W.G v Republic [2013] eKLR
IN THE COURT OF APPEAL
AT NAIROBI
(CORAM: P. KIHARA KARIUKI, (PCA), OUKO & MURGOR JJ.A)
CRIMINAL APPEAL NO. 276 OF 2011
BETWEEN
D W G …………………………. APPELLANT
AND
REPUBLIC ……………..…… RESPONDENT
(Appeal from the Judgment and sentence of the High Court of Kenya at Nairobi by Hon. Justice
Khaminwa dated 14th February, 2011
in
H.C.CRA. 371 OF 2008)
***********
JUDGMENT OF THE COURT
The appellant was charged before the Chief Magistrate’s Court at Thika in Criminal Case No.
5165 of 2007 with two counts of incest contrary to Section 20 (1) of the Sexual Offences Act and an
alternative charge of indecent act contrary to Section 6 (a) as read with Section 11 (1) of the Sexual
Offences Act, on each count.
According to the particulars of the offence in both counts, it was alleged that on diverse dates
during the month of July 2007 at [Particulars Withheld] Village in Thika, the appellant committed an act
which caused penetration with L N M. and M W W. girls aged 9 and 7 years, respectively, who, to his
knowledge, were his daughters.
After hearing the evidence presented by both the prosecution and defence sides, the learned
http://www.kenyalaw.org - Page 1/4