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…Situational Analysis 20.23 The prisons infrastructure does not accommodate persons with disability humanely.…

…disability and in light of the offence committed.…

…The Appellant submits that he is a person with disability and under Article 14 of the UN Convention on Persons with disability, the court was obligated to consider the disability and discharge him under Section 35 (1) Penal…

…The Article does not mean that a person with disability cannot be put into detention. 34.…

…The reliance on the victim’s testimony alone, given her disability and the contradictory evidence, renders the identification unsafe.…

…That the prosecution’s case rested solely on the victim’s unreliable testimony, which was further tainted by her intellectual disability.…

…The Appellant herein was charged with, and convicted of the offence of “defilement to a person with disability contrary to Section 7 of the Sexual Offences Act”.…

…particulars of the offence are that on 12.8.17 at Mayungu Location within Kilifi County, he intentionally and unlawfully caused his penis to penetrate the anus of Benard Shukrani without his consent, a person with mental disability…

…The ingredients are: Age Mental Disability Penetration Identity of the Perpetrator Age Pw1 gave evidence that her daughter was born on the of 10th November 2011.…

…The treatment notes and the P3 form also show that the victim was 6 years old and she also suffers a mental disability and cannot speak. So the first two elements were proved beyond reasonable doubt.…

…PW1, John Ondari Ogake testified that on 4 th May 2025 at around 5PM he was at his home in company of the complainant who is aged 9 years and with disability.…

…The Appellant faced a charge of defilement and one which is against a person with mental disability. 20.…

…PW1, John Ondari Ogake testified that on 4 th May 2025 at around 5PM he was at his home in company of the complainant who is aged 9 years and with disability.…

…The Appellant faced a charge of defilement and one which is against a person with mental disability. 20.…

…She further told the court that the complainant is about 20 years old, and she suffers from mental disability. She produced the National Council ID for persons with disability (marked as PMFI 3.).…

…The evidence on record leaves no doubt that the complainant was an adult suffering from mental disability.…

…Ogembo dated the 7 th day of August, 2024) The appellant was charged with the offence of defilement of a person With mental disability Contrary to Section 7 of the Sexual offences Act .…

…The learned trial magistrate erred in law and in fact by holding that the complainant was a person with mental disability without the evidence of a medical expert, a psychiatrist in this case, in absence of which it was impossible…

…On 31st May 2022, after the prosecution witnesses had testified, the charge was amended to “rape of a person with mental disability contrary to Section 7 of the Sexual Offences Act.” 2.…

…Section 7 of the Sexual Offences Act criminalizes rape or an indecent act committed with another person within the view of a family member, child or person with mental disability.…

…April, 2019, at Rurii Trading Centre within Nyandarua County, intentionally and unlawfully caused his male organ namely penis to penetrate the vagina of T.M.K. by use of force without her consent being a person with mental disabilities…

…And, that she exhibited traits of intellectual disability. Her judgment and abstract thinking was stated to be poor. 19.…

…The appellant, Fredrick Wanjala , was charged with the offence of rape of a person of mental disability contrary to section 7 of the Sexual Offences Act.…

…It is also clear from the record that, in the trial court’s assessment, the complainant had a mental disability. This finding prompted the trial court to appoint PW1 as her intermediary witness.…

…threshold for the definition of a person with disabilities under section 2 of the sexual offences Act. 5.…

…The Appellant submits that the medical evidence was sparse and did not conclusively prove a mental disability that would negate consent for an adult. 8.…

…Sindani, P.M, Ogembo Law Court applicant has been in custody at Kisii Main Prison since then. b) That the applicant was charged with the offence of defilement of a person with mental disability contrary to Section 7 of the…

…evidence to support this claim and that her viva voce evidence was admitted without assistance of an intermediary speaks otherwise taking into account the fact that the prosecution claimed that the complainant had a mental disability…

…the 25 th day of October, 2022, at Ndivai Village in Nyandarua North Sub-County within Nyandarua County, intentionally and unlawfully caused his penis to penetrate the vagina of Grace Wanjiru Mwangi, a person with mental disability…

…Particulars being that on the 25 th day of October, 2022, at Ndivai Village, in Nyandarua North Sub-County, within Nyandarua County, intentionally touched the vagina of Grace Wanjiru Mwangi, a person with mental disability…

…She further testified that the complainant was registered with the National Council for Persons with Disabilities and also suffered from bipolar disorder. 7. PW1 stated that the appellant was their former neighbour.…

…PW1 produced the complainant's National Council for Persons with Disabilities card. 8. PW2, Hamisi Mangi Ali, a village elder, testified that both the appellant and the complainant were his neighbours.…

…at about 8.00pm [particulars withheld] in Malakisi location of Bungoma West Sub-county within Bungoma county he intentionally and lawfully caused his penis to penetrate the vagina of RN a child aged 17 years with mental disability…

…night of January 2021 at about 8.00pm [particulars withheld] in Malakisi location of Bungoma West Sub-county within Bungoma county he intentionally and lawfully touched the vagina of RN a child aged 17 years with mental disability…

…Secondly, the complainant’s disability was not mental but she was deaf and mute but all her other faculties were okay as per the disability form produced as an exhibit.…

…In the present case, I note that that the complainant’s disability was that she was deaf and mute. The Prosecution alleged that she was mentally challenged however there was no evidence presented to back this assertion.…

…She said the complainant was person living with disability as she had problem in answering questions though she could hear when one is talking.…

…The prosecution produced in court a psychiatric report showing that the complainant suffered from intellectual disability.…