JACKSON MWANZIA MUSEMBI V. REPUBLIC

JUDGMENT OF THE COURT

1. On the 8^th March, 2012 at around 9:00 p.m. while MM, a minor aged 11 years old, was heading to a pit latrine outside her house, she saw a person standing in front of the latrine. The person called out to her and she immediately recognized him as one Jackson Mwanzia Musembi (the appellant) whom she knew very well. She approached the appellant who directed her to remove her underpants and lie down, which she did. The appellant then removed his trousers, laid on top of her and proceeded to defile her.

2. Meanwhile, J W (PW4), who was close by noticed some activity around the latrine and ran to a hotel which was nearby wherein he persuaded FMK (PW3) to follow him back to the scene. At the scene they caught the appellant still in the process of defiling the minor. The appellant was arrested at the scene by members of the public and the incident was reported at the police station. Dr. Shabaan Khalid (PW6) examined the minor about four days later and observed that her …