JOHN KINYUA NATHAN V. REPUBLIC

JUDGMENT OF THE COURT

1. The appellant is serving a life sentence after his conviction by Runyenjes Ag. Senior Resident Magistrate (J. P. Nandi) for the offence of defilement contrary to Section 8 (1) of the Sexual Offences Act (SOA), in that he intentionally and unlawfully caused his penis to penetrate the vagina of BW, a girl aged 3 years and six months. The conviction was endorsed by the High Court (Muchemi J.) on first appeal and supported by learned Senior Assistant Director of Public Prosecutions (SADPP), Mr Kaigai, before us. The two courts were thus satisfied, and the SADPP concurred, that the three basic elements of the offence were proved beyond reasonable doubt, to wit: the complainant was a child, there was penetration and it was the appellant who was responsible.

2. The concurrent findings of fact made by the two courts are simple enough:BW, the girl who was defiled, was aged 31⁄2 years. Her mother, PW2 was living in the same house with the appellant as husband and wife but…