JUDGMENT OF THE COURT
On 3rd May 2009, at about 7.00 am, DK, a girl then aged 8 years old, left her home in Kilifi Township to pick wild fruits called Kunazi in the neighbourhood. When she returned home at about 9.00 am, she sat down and asked for some food, which she was unable to consume. When she shortly rose to go to the toilet, R K, her elder sister (PW2) and M A, her sister-in-law (PW3), noticed a patch of blood where DK had been sitting. Upon inquiry, DK informed them that the appellant, Jilo Abdalla Akare, had defiled her.
The appellant was employed as a watchman in a house opposite that of DK. He used to live in that house and had worked there for about four years. He was therefore well known to DK and members of her family. Occasionally he used to send DK to run his errands such as buying milk and bread.
On the material day, as DK was returning home after picking her fruits, she found the appellant at his employer’s gate. He invited her in purporting that he wished to send her …