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NEWTON CHOMBA WATHITHA v REPUBLIC [2012] eKLR Appellant – present Njue – C/c While the design, structure and metadata of the Case Search database are licensed by Kenya Law under a Creative Commons Attribution-ShareAlike 3.0 Unported License, the texts of the judicial opinions contained in it are in the public domain and are free from any copyright restrictions. Read our Privacy Policy | Disclaimer http://www.kenyalaw.org - Page 3/3 Powered by TCPDF (www.tcpdf.org)

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Newton Chomba Wathitha (appellant) versus Republic (respondent)

Cases

Country

Latitude: -1.303208

Longitude: 36.777356712

Country (linked Cases): Kenya

Court location: Kenya: Embu

Court: Kenya: High Court, Kenya

Date of judgement: May 3, 2012

Complainant: Newton Chomba Wathitha

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

Keywords

Defilement (Rape of children)
Evidence

Gender of victim

Female: Girl (under 18)

Gender of accused/perpetrator

Male: Man (18+)

Language: English

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.

Primary Documents

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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IHRDA SGBV Database

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Newton Chomba Wathitha (appellant) versus Republic (respondent)

Primary Documents

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