JAPHETH NGERA MIKWA V. REPUBLIC

JUDGMENT OF THE COURT

By this second appeal, Japheth Ngera Mikwa (the appellant) challenges the High Court’s judgment (R. Wendoh, J.) delivered on 30^thMarch 2015, which dismissed his first appeal against conviction and sentence of life in prison imposed by the Nkubu Senior Resident Magistrate for the offence of incest contrary to Section 20(1) of the Sexual Offences Act.

The particulars of the offence were that on 17^th February 2011 at [particulars withheld] Village and [particulars withheld] Location in Meru Central District of Meru County, he committed an act which caused penetration with his genital organ into the genital organ of EKM a child aged 11 years who to his knowledge was his grand-daughter.

The prosecution had called a total of four witnesses. The first two were the minor complainant herself and her 15year old brother A.K. (PW2) who both testified under oath after the trial court was satisfied through a voir dire examination, that they were competent to so testify. The other…