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Peter Thanga Kago v Republic [2018] KEHC 8525 (KLR)

[2018] KEHC 8525 (KLR) High Court of Kenya
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Court
High Court of Kenya
Case number
8525
Citation
[2018] KEHC 8525 (KLR)
Decided
13 February 2018
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeCriminal AppealPostureAppeal from original conviction and sentenceCoramD.S. MAJANJA
Holding

The conviction and sentence are affirmed. The appeal is dismissed.

Facts

The appellant, Peter Thanga Kago, was charged with defilement of a 12-year-old girl, MWN, in December 2011. The prosecution alleged that the appellant caused his penis to penetrate the girl's vagina. The appellant denied the charges.

Issues

  1. Whether the prosecution proved the elements of the offence of defilement beyond reasonable doubt
  2. Whether the appellant's alibi was credible

Reasoning

The court found that the prosecution proved all elements of the offence of defilement beyond reasonable doubt. The appellant's alibi was not credible due to the lack of evidence supporting his whereabouts during the material time.

Outcome

Affirmed

Authorities cited

Legislation (1)
  • Sexual Offences Act
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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