FRANK OCHIENG OTIENO V. REPUBLIC

JUDGMENT OF THE COURT

Frank Ochieng Otieno, the appellant herein, was on 12^th August, 2010 arraigned before the Senior Principal Magistrate’s Court at Migori on one count of defilement of a girl aged 16 years, contrary to Section 8(1) 3 of the Sexual Offences Act No. 3 of 2006. It was alleged that the appellant, on diverse dates between 3^rd and 7^th August, 2010, at [particulars withheld] village in Migori District (now Homabay County), of Nyanza Province, intentionally and unlawfully caused his penis to penetrate the vagina of R A O (hereinafter “the complainant”), a female child aged 16 years.

The appellant also faced an alternative count of committing an indecent act with a child contrary to Section 11 of the same Act. As the appellant was convicted of the principal count of defilement, we need not set out the particulars of the alternative count.

The appellant’s trial commenced on 13^th August, 2010 before Kibet Sambu (Senior Resident Magistrate), when the complainant testified by way …