JAMES MURIITHI GITAU V. REPUBLIC

JUDGMENT OF THE COURT

1. The appellant, James Muriithi Gitau, was on 29^th March 2011 convicted by the Principal Magistrate’s Court at Githunguri for the offence of defilement and sentenced to life imprisonment. The particulars of the offence were that on 24^th February 2010 in Githunguri within Central Province, he unlawfully committed an act, which caused penetration with his genital organ (penis) into the genital organ (vagina) of LNM a child aged 9 years. His first appeal was dismissed by the High Court (A. Mbogholi Msagha, J) in a judgment delivered on 15 July 2014. This is a second appeal.

Background

2. On 24^th February 2010 at about 6:30 a.m., LNM (PW1) then a standard three student at [particulars withheld] Primary School was on her way to school in the company of two other girls, PW3 and PW4. On the way they met a man who, according to PW1, enquired who had taken his pencil. They responded by stating that they had not taken his pencil. PW1 then started to run. The man pursued her,…