Brian Kipkemoi Koech v Republic [2013] eKLR
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT ELDORET
CRIMINAL APPEAL NO. 25 OF 2010
BRIAN KIPKEMOI KOECH ..................................... APPELLANT
VERSUS
REPUBLIC …................................................................................
(Being an appeal from the original conviction and sentence contained in the decision of the Hon.
D. M. Machage (Resident Magistrate) delivered on 8th February, 2010 in Eldama Ravine Resident
Magistrate's Criminal Case No. 640 of 2009)
JUDGMENT
In Count 1, the Appellant was charged with the offence of defilement of a child contrary to Section 8 (4)
of the Sexual Offences Act No. 3 of 2006.
Particulars of the charge were that on the 28th day of June, 2009 in Koibatek District of the Rift Valley
Province committed an act which caused penetration of his genital organ (penis) into genital organ of F J
K a girl aged 16 years.
In the alternative to Count 1, he was charged with indecent act of a child contrary to Section 11 (1) of
the Sexual Offences Act No. 3 of 2006.
Particulars of the offence were that on the 28th day of June, 2009 in Koibatek District of the Rift Valley
Province, unlawfully and indecently touched the private parts of FJ K a girl aged 16 years.
In Count II, he was charged with deliberate transmission of a sexually transmitted disease contrary to
Section 26 (1) of the Sexual Offences Act No. 3 of 2006.
Particulars of the same were that on the 28th day of June, 2009 in Koibatek District of the Rift Valley
Province, deliberately, intentionally and knowingly infected F J K with sexually transmitted disease
namely Urethritis Bacteria which affected her urinal system.
Judgment of the lower court was delivered on 8th February, 2010. The Appellant was convicted in the
main charge of Count I and was sentenced to serve ten (10) years imprisonment.
He was dissatisfied with the said Judgment and has now appealed both against the conviction and
sentence. Initially, he was represented by the law firm of M/s. Gordon Ogola and Associates who
compiled the record of appeal. But on 20/6/2013, the date of the hearing of the appeal, the Appellant
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