GODFREY OLUOCH OCHUODHO V. REPUBLIC

JUDGMENT OF THE COURT

The appellant was charged with two counts of defilement contrary to Section 8(1) as read together with Section 8(2) of the Sexual Offences Act. The particulars were that on the night of 14^th and 15^th June, 2014 at [Particulars withheld] sub location, within Migori County in the republic of Kenya intentionally caused his penis to penetrate the anus of EO, a child aged 9 years and the anus of FO, a child aged 10 years.

Consequently, the appellant upon arrest was arraigned before the Chief Magistrate’s Court at Migori. The appellant denied the charges leading to a trial in which the prosecution called a total of 5 witnesses in support of its case. The case was hinged on the testimony of the complainants, which was as follows;

PW1: EO

“I am EO. I am aged 9 (nine) years old. I am a student at [Particulars withheld] in class 3. On 15/6/14 around 12 midnight I had gone to watch football that night at Kamuseti. After the match Godie decided to take us home where it was late.…