JOSEPH PARASHUKU V REPUBLIC[2013]eKLR
REPUBLIC OF KENYA
High Court of Kisii
Criminal Appeal 5 of 2012
JOSEPH PARASHUKU …………………….…………………..……. APEPLLLANT
AND
REPUBLIC …………………………..……………………….……….. RESPONDENT
(Being an appeal from the conviction and sentence in Kilgoris PM’s court by
Hon. B. Ochieng, PM, dated 30th December, 2011 in criminal case No.1082 of 2011)
JUDGMENT
1.
The appellant herein Joseph Parashuku was charged with child trafficking contrary to section
13(a) of the Sexual Offences Act No.3 of 2006. He also faced an additional charge of being unlawfully
in Kenya contrary to section 13 (2) (c) of the Immigration Act Cap 175 Laws of Kenya. The particulars
of the 1st count were that on the 7th December 2011 at Kilai village in Transmara District of the Narok
County knowingly and intentionally took Juliana Sabaya a girl under the age of 18 years out of the
custody of her parents from Lolgorian to Tanzania with intent of facilitating the commission of any Sexual
Offences against the said Juliana Sabaya a girl aged 15 years.
2.
The particulars of the 2nd count were that on the 29th December 2011 at Kilgoris area in
Transmara District of the Narok County being a Tanzanian citizen was found being in Kenya unlawfully.
3.
The appellant pleaded guilty on both charges and the prosecution summarized the facts of the
case as follows:4. On 6th December 2011 at Kilai village Lolgorian Transmara County the complainant (a young girl
of 15 years) and a pupil at Kilai primary school in class 4 met the appellant who told her of his intention
to marry her and was ready to take her to Tanzania. That at about 8.00 a.m. on 7th December 2011 the
complainant was sent by her mother to take breakfast to casuals on their farm. She took the breakfast,
met the appellant who told her that they were to proceed to Tanzania and they proceeded through Kawai
by foot.
5.
The two then boarded a motorcycle to Maranda, spent the night in a lodging and on 8th
December 2011 at 9.00 a.m., boarded a motorcycle to Talek where they took lunch, proceeded to
Olotemu spent a night again and the following day proceeded for Tanzania. That they went to
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