J G G V. REPUBLIC

JUDGMENT OF THE COURT

(1) This is a second appeal by J G G, hereinafter referred to as that appellant, who was convicted of the offence of defilement of a girl under the age of 15 years contrary to section 8 (1) as read with section 8 (3) of the Sexual Offences Act. The brief particulars of that charge were that on the night of the 2nd October, 2009, at [particulars withheld] Village in Kiambu District within Central Province, the appellant intentionally committed an act which caused penetration with his genital organ into the genital organ of JMG.

(2) By way of background information, we wish to set out the evidence led before the trial court. JMG, who we shall hereinafter refer to as the complainant, was at the time material to this appeal aged thirteen (13) years. She was living in [particulars withheld] with her mother and brother. On the 28th September, 2009 the complainant and her cousin, S M, had gone to the salon. At around 8.00 pm they returned home to find that the complainant…