J.M.A V. REPUBLIC

JUDGMENT OF THE COURT

The appellant, J.M.A, was on 3^rd June, 2003, presented before the Senior Resident Magistrate’s Court, at Nanyuki with a charge sheet charging him with the main count of defilement of a girl aged under fourteen years contrary to section 145 (1) of the Penal Code, the particulars of which read as follows:

“J.M.A: On the 27^th day of May, 2003 in Meru Central District of the Eastern Province, had carnal knowledge of K. N.R a girl under the age of fourteen years.”

The appellant faced an alternative count of Indecent assault on a female contrary to section 144 (1) of the Penal Code, and the particulars thereof read as follows:

“J.M.A: On the 27^th day of May, 2003 in Meru Central District of Eastern Province, indecently assaulted K.N.R a girl under the age of fourteen years by touching her private parts.”

It should be noted that the particulars of the two counts were to be drawn on the basis of the law as it stood before Act No. 5 of 2003 was enacted. That Act made several c…