<p class="ql-align-center">JUDGMENT OF THE COURT</p><p>In this second appeal, John Kikuvi, the appellant, has, in a nut-shell, complained that the offence of his having had carnal knowledge of M M, the complainant, against the order of nature contrary to section 162(a) of the Penal Code for which he was convicted and sentenced to 71⁄2 years imprisonment together with 8 strokes of corporal punishment by the Resident Magistrate’s Court at Mombasa was not proved against him beyond reasonable doubt. He had denied having committed the offence.</p><p>The complainant was a boy aged about 6 years. When presented to the trial court by the prosecution to testify, the trial magistrate made the following note:</p><p>“Court: The child before court is aged 6 years. He cannot give sworn testimony.”</p><p>The magistrate then proceeded to receive the complainant’s unsworn evidence. That evidence in its totality was as follows:</p><p>“My name is M M. I saw him at Nyali. The accused came to our house. He comes, takes me and took me to a bush. In the bush he did ba…</p>