Republic v Nyagah (Sexual Offence 27 of 2020) [2023] KEMC 151 (KLR) (27 June 2023) (Judgment)
- Court
- Magistrate's Courts
- Case number
- 151
- Citation
- [2023] KEMC 151 (KLR)
- Decided
- 27 June 2023
The accused is found guilty of delement of a minor aged 15 years 1 month old and is sentenced to imprisonment for a term not exceeding three years. The accused is also found guilty of abuse of position of authority and is sentenced to imprisonment for a term of not less than ten years.
Facts
The accused, Ayub Nyagah, was charged with multiple sexual offenses against a 15-year-old girl named I.M.D.A. The prosecution alleged that Nyagah had sexual intercourse with the girl on various dates between July and October 2020, and also took advantage of his position as a Kenya Wildlife Service Ranger to have sexual intercourse with her. The defense claimed that Nyagah had rescued the girl from her parents and that she had run away to him for help.
Issues
- Whether the accused is guilty of delement of a minor aged 15 years 1 month old
- Whether the accused is guilty of abuse of position of authority
Reasoning
The court found the prosecution's evidence sufficient to prove the accused's guilt of delement and abuse of position of authority. The defense's claims were deemed insufficient to create reasonable doubt.
Outcome
Guilty of delement and abuse of position of authority
Orders
- Conviction and sentence for delement
- Conviction and sentence for abuse of position of authority
Authorities cited
Legislation (4)
- Sexual Offences Act
- Criminal Procedure Code
- Penal Code
- Sexual Offences Act
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