JAMES OROMO V. REPUBLIC

JUDGMENT OF THE COURT

This appeal arises from the decision of the High Court sitting in Kitale (W. Karanja J.) wherein she dismissed the appellant’ appeal therein and confirmed the sentence of 27 years imposed upon him by the trial court.

The case against the appellant in the Senior Resident Magistrate’s Court at Lodwar was one of defilement of a girl under the age of 16 years contrary to section 145 (1) of the Penal Code.

In the alternative, he was charged with indecent assault on a female contrary to section 144 (1) of the same code.

In the defilement case the appellant was alleged to have had an unlawful carnal knowledge of IF (PW2) a girl under the age of 16 years on 23^rd January, 2005 at Kakuma Refugee Camp in Turkana District within Rift Valley Province while in the second count, which we think was an alternative charge, he on the same day, unlawfully and indecently assaulted the complainant by touching her private parts.

The appellant is a refugee from the Sudan. He lives at Kakuma …