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Newton Chomba Wathitha (appellant) versus Republic (respondent)

Cases

Country

Latitude: -1.303208

Longitude: 36.777356712

Articles alleged: Sexual Offences Act, section 13(b); Sexual Offences Act, sections 8(1) and (3)

Keywords

Gender of victim

Gender of accused/perpetrator

Summary: On the diverse dates in May 2008 the accused hoboured a girl under the age of 15 years for the purpose of having unlawful carnal connection with her. He was convicted of defilement contrary to section 8(1) and (3) of the Sexual Offences Act No. 3 of 2006. It was found that "carnal connection" is not an offence mentioned in the Sexual Offences Act. Also, the particulars of the charge herein did not disclose the ingredients of a charge of defilement under the Sexual Offences Act. The appeal is allowed.

Kenya-case-High Court-Embu-Newton Chomba Wathitha-Criminal Appeal No. 533 of 2008-2012-eng.pdf
English
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Kenya-Cas-Haut Cour de Embu-Newton Chomba Wathitha-Appel 533 de 2008-2012-fr-pdf.pdf
French
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