BENEDICT KITHEKA KITUI V. REPUBLIC

JUDGMENT

1. The appellant, BKK was charged with two Counts of the offence of defilement contrary to sections 8(1) as read with 8(2) of the Sexual Offences Act No. 3 of 2006.

2. The particulars of Count I was that on 24th February 2011 at Bura Township in the Tana River County within the Coast Region, he intentionally caused his penis to penetrate the vagina of the complainant, CKM, a girl aged 6 ½ years.

3. The particulars of Count II was that on 25th February 2011 at Bura Township in the Tana River County within the Coast Region he intentionally caused his penis to penetrate the vagina of the complainant, CKM a girl aged 6 ½ years.

4. He also faced an alternative count of committing an indecent act with a child contrary to section 11 (1) of the Sexual Offences Act. He pleaded not guilty to both counts and, during the trial, the prosecution called four witnesses while the appellant made a sworn statement of defence and called no witnesses. He was convicted on both counts and sentenced to life impriso…