CORNEL OGUTU MIKWA V. REPUBLIC

JUDGMENT OF THE COURT

1. The appellant, Cornel Ogutu Mikwa, was charged with the offence of defilement contrary to section 8(1)(3) of the Sexual Offences Act. The particulars of the offence were that on 17^th January 2013 at Bondo town in Bondo District within Siaya County, he intentionally caused his penis to penetrate the vagina of PA, a child aged 15 years. He also faced an alternative charge of committing an indecent act with a child contrary to Section 11(1) of the Sexual Offences Act.

2. He was tried before the Principal Magistrate’s Court at Bondo and convicted for the offence of defilement in a judgment delivered on 23^rd May 2013. He was subsequently sentenced to serve 20 years’ imprisonment. The trial court made no finding on the alternative charge.

3. The appellant appealed against the conviction and sentence to the High Court. That appeal was dismissed in a judgment delivered on 22^nd November 2013.

Background

4. The prosecution case was as follows. On 17^th January 2013 PA’s mothe…