ELIJAH KIMAYAI V. REPUBLIC

JUDGMENT OF THE COURT

1. Elijah Kimayai was arraigned and charged with defilement contrary to Section 8 (1) as read with Section 8 (3) of the Sexual Offences Act. The particulars of the offence were that on 24^th June 2013 in Marigat District within Baringo County he intentionally and unlawfully caused his penis to penetrate the vagina of JK a girl aged five years. He faced an alternative count of indecent act with a child contrary to Section 11 (1) of the Sexual Offences Act.

2. The complainant, JK, a minor was so troubled that she was unable to give evidence. The trial court observed the minor could not talk and was crying when asked about the incident.

3. The prosecution case was grounded on the testimony of several witnesses. PW1 EK testified as follows:

The complainant is my daughter. She goes to nursery school. She is five years old.... I know the accused. He stays at Laboi Centre. On 24^th June 2013 I was at Laboi trading centre at 8.00 pm when my daughter came and informed me that s…