EZEKIEL OMWOYO V. REPUBLIC

JUDGMENT OF THE COURT

The appellant, Ezekiel Omwoyo, was tried by the Chief Magistrate’s court on a charge of defilement of a girl contrary to Section 8 (1) as read with section 8(2) the Sexual Offences Act No. 3 of 2006. The particulars of the offence were that on 4^th December 2009, at Nyatieko location in Kisii Central district within Nyanza Province, he unlawfully and intentionally penetrated the vagina of EvG (PW 4), the complainant, a girl aged 10 years with his penis.

There is an alternative charge of indecent act with a child contrary to section 11 (1) of the Sexual Offences Act No. 3 of 2006. The particulars are that on 4^th December 2009, at Nyatieko location in Kisii Central District within Nyanza Province he committed an indecent act with EvG (PW 4), the complainant, a girl aged 10 years by rubbing his penis against her vagina.

The facts as can be ascertained from the record are that on 4^th December 2009 at about 1.00pm as EvG was alone in the forest collecting firewood, the ap…