JAMES MWEBIA M'IRWARE V. REPUBLIC

JUDGMENT OF THE COURT

The appellant was convicted by the Senior Principal Magistrate, Nkubu Meru for the offence of defilement contrary to section 8(1)(2) of the Sexual Offences Act and sentenced to life imprisonment. His appeal to the High Court against the conviction and sentence was dismissed triggering the present appeal.

The particulars of the charge stated that the appellant, on 25^th December 2007 at about 14 hours defiled DG (full name withheld), a minor aged 9 years.

Four witnesses gave evidence in support of the charge namely; E N (PW1), (E) - the mother of the child, DG (PW2) - the child complainant, DK (PW3), (D) - the sister of the complainant and Seberina Kaimatheri (PW4) the clinical officer who examined the child.

The prosecution case was briefly as follows:

On 25^th December 2007, at about 2.00 p.m. the appellant who is a close neighbour to E went to the house of E and asked E to allow him to send the child, DG who was aged 9 years. E agreed and the appellant and the child l…