ELPHAS MUGO V. REPUBLIC

JUDGMENT OF THE COURT

Learned Assistant Director of Public Prosecutions, Mr. Kaigai concedes this appeal on account of violation of the fair trial rights of the appellant, and, in our view, he was right to do so.

The appellant was tried and convicted by Runyenjes Ag. Resident Magistrate, J. P. Nandi for the offence of defilement contrary to Section 8(1) of the Sexual Offences Act in that he intentionally and unlawfully caused his penis to penetrate the anus of V.K, a minor aged 11 to 12 years. The facts accepted as proof of that offence came from the minor himself, PW1, and two other minors: PW2, a standard six school leaver who said he was aged 15, and PW3, a standard two pupil who said he was aged 14. The three, together with the appellant, aged 17 years according to a medical report on record, and two other minors, were on 5^th February 2013 placed in custody in the same juvenile cell in Runyenjes Police Station. According to V.K, who was supported by PW2 and PW3, they were sleeping a…