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High Court of Kenya at Bungoma

Wafula v. Republic

The appellant was charged and convicted of raping the complainant, a girl of 15 years, with his friend.  The appellant appealed on four grounds: (1) that the complainant was so young that the court needed to have first satisfied itself that the complainant possessed sufficient intelligence to justify the reception of her evidence, (2) that the court convicted him solely based on the testimony of one witness, (3) that the sentence was manifestly harsh and unfair, and (4) that the prosecution in this case failed to adhere to the requirement that a charge of rape must contain th

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