JESSE ONYIMBO OCHIENG V. REPUBLIC

JUDGMENT OF THE COURT

1. The appellant, Jesse Onyimbo Ochieng, was charged with the offence of defilement contrary to Section 8 (1) and (3) of the Sexual Offences Act. The particulars were that on diverse dates between 13^th May 2011 at [particulars withheld] within Nyanza Province, the appellant intentionally and unlawfully caused his penis to penetrate the vagina of PAO, a juvenile aged 15 years.

2. In support of the prosecution case, PAO (PW1) testified as follows:

I am a pupil at xxx Primary School. I am in class 6. I was born in 1996...... I do recall on 13^th May 2011 at 9.00 pm., I left with Atieno and another to a funeral. Atieno and the other disappeared at that funeral. There was a disco. I decided to go to the disco. Jesse Onyimbo came to me and told me to go with him to his home. Jesse found me at the beach where I had gone with the other girls. These other girls disappeared and left me. Jesse met me at the beach where there was a disco. This was at 11.00 pm. Jesse forced me to…