JACKSON JUMA KENGA V. REPUBLIC

JUDGMENT OF THE COURT

[1] This is a second appeal against the judgement of the High Court dated 17^th February, 2013 wherein the appellant’s conviction and sentence for the offence of defilement was confirmed.

The summary of the evidence adduced before the trial court is as follows. S N (PW1) hired the appellant who was a ‘boda boda’ rider to ferry his daughter M.A.N, a minor aged 3 1⁄2 years old to and from school at [particulars withheld] Academy. On 22^nd September, 2010 the appellant picked up the minor early in the morning and dropped her at school. However, he returned the minor back home at around 12:15 p.m. which was a bit later than usual. J A (PW5), the minor’s mother, noticed that she was not herself. She was moody, quiet and sleepy. She allowed her to sleep until 4:00 p.m. when S came back from work. He also noticed that the minor wasn’t cheerful but attributed her mood to fatigue.

[2] In the evening when J was preparing the minor for a bath, the minor was still irritable and d…