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Elias Gakuya Waithiegeni v Republic [2018] KEHC 9972 (KLR)

[2018] KEHC 9972 (KLR) High Court of Kenya
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Court
High Court of Kenya
Case number
9972
Citation
[2018] KEHC 9972 (KLR)
Decided
28 December 2018
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureAppeal from a conviction and sentenceCoramLADY JUSTICE RUTH N. SITATI
Holding

The court upheld the conviction and sentence for defilement.

Facts

The appellant was charged with defilement of a 6-year-old child, L.W.I., and alternatively with indecently touching the child. The prosecution alleged that the appellant intentionally caused his penis to penetrate the child's vagina on May 1, 2018, in Mweru village, Mukurweini Sub County, Nyeri County.

Issues

  1. Proving the age of the complainant
  2. Determining if there was penetration

Reasoning

The court found that the prosecution successfully proved the age of the complainant and that there was penetration, thus affirming the conviction.

Outcome

Appeal dismissed

Authorities cited

Legislation (1)
  • Sexual Offences Act, No. 3 of 2006
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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