HARUN WAWERU WANJIRU V. REPUBLIC

JUDGMENT OF THE COURT

1. Harun Waweru Wanjiru, the appellant herein, was convicted by the Chief Magistrates’ Court at Nyeri for the offence of defilement of a girl aged 10 years contrary to section 8(1) as read with section 8(2) of the Sexual Offences Act No. 3 of 2006 and sentenced to life imprisonment. His first appeal to the High Court was unsuccessful hence this second appeal before us.

2. In a second appeal, our jurisdiction is limited to a consideration of issues of law as prescribed under section 361 of the Criminal Procedure Code. See M’Riungu v. Republic [1983] KLR 455.

3. A brief recount of the facts that led to this appeal is necessary.

4. The prosecution’s case was that on 1st October 2011 at [particulars withheld] Village in Nyeri District, the appellant caused his penis to penetrate the vagina of M.N.M, a child of 10 years. The complainant testified that prior to the said defilement the appellant had attempted to kiss her a number of times; that on the material day at about …