JAMES MURUNGI V. REPUBLIC

JUDGMENT

1. The appellant was charged before the Chief Magistrate’s Court at Maua with defilement contrary to Section 8(1) and of the Sexual Offences Act. The particulars were that, on the 4th day of October 2013 at [Particulars Withheld] village Ndoleni Division in Igembe North District within Meru County, the appellant intentionally caused his penis to penetrate the vagina of RM, a child aged 10 years. In the alternative, the appellant was charged with the offence of committing an indecent act with a child contrary to Section 11(1) of the Sexual Offences Act. The particulars of the alternative charge were that, on the 4th day of October 2013 at [Particulars Withheld] village Ndoleni Division in Igembe North District within Meru County, the appellant intentionally touched the vagina of RM, a child aged 10 years.

2. The appellant initially pleaded guilty but later denied the offence calling for a full trial. The prosecution case may be summarised as follows: After a voir dire examination, the…