JOHN PATRICK KIBET V. REPUBLIC

JUDGMENT OF THE COURT

JOHN PATRICK KIBET, the appellant herein, was arraigned before the Senior Principal Magistrate’s court at Kitale on a charge of defilement of a girl under the age of 16 years contrary to Section 145(1) of the Penal Code. The particulars of the offence were that on the 11^th day of April, 2004 at Trans – Nzoia District within the Rift Valley Province, unlawfully had carnal knowledge of [M C], a girl under the age of 16 years.

The appellant pleaded not guilty to the charge on 20^th April, 2004 before the Senior Principal Magistrate at Kitale (H.I. Ongudi). His trial subsequently commenced on 7^th July, 2005 before the Principal Magistrate at Kitale (M.C. Chepseba), when the complainant [M.C] (PW1) and her mother [M.C.S] (PW2) testified. Two other prosecution witnesses namely, Jimmy Peter Simiyu (PW3) and P.C. Woman Rael Kiplagat (PW4) gave evidence on 16^th August, 2005. The appellant finally gave his evidence in defence on 28^th October, 2005.

According to the trial Magis…