J R W V. REPUBLIC

JUDGMENT OF THE COURT

Background and Introduction

This is a Second Appeal to this Court by the appellant, J R W, on conviction and sentence of 40 years imprisonment for incest of a child contrary to section 20 (1) of the Sexual Offences Act No 3 of 2006 confirmed by the High Court, sitting as the 1st appellate court. The appeal originates from a trial in the subordinate court where the appellant was charged with incest of a child contrary to section 20 (1) of the Sexual Offences Act, 2006, convicted and sentenced to life imprisonment.

The particulars are that on the night of 23rd and 24th September, 2007 at [particulars withheld] Village in Kiambu District within Central Province, the appellant had carnal knowledge of MWW (PW1) a child aged 7 years who to his knowledge at the time of the act, was his daughter.

The appellant was unrepresented before the subordinate court at Githunguri and pleaded not guilty to the charge. The matter proceeded to full hearing with the prosecution calling a …