JACKSON KIBIWOT LANGAT V. REPUBLIC

JUDGMENT OF THE COURT

On the 8^th day of November, 2002 in Nandi South District within Rift Valley Province, the appellant in this appeal Jackson Kibiwot Langat is alleged to have had carnal knowledge of M C a girl aged five years. Alternatively, it was alleged that he, on the same day and at the same place unlawfully and indecently assaulted the same girl by touching her vagina with his penis. As Edwin Kipkoech (PW2) almost found him in the act, he ran away and was never seen within the vicinity until sometimes in the year 2007- according to P K R (PW4) the father of the victim but for some unclear reasons, was arrested by police but released till 2^nd April, 2009 when according to the charge sheet he was arrested again and arraigned in court on 3^rd April, 2009. As a result of the inordinate time lapse between the date the offence was committed and the date he was taken to court, the Penal Code under which he was to be charged had undergone one serious amendment and repeal particularly …