JOSEPH IMANA KALENG V. REPUBLIC

JUDGMENT OF THE COURT

Joseph Imana Kaleng, the appellant herein, was charged in the Senior Resident Magistrate’s Court at Lodwar with the offence of defilement contrary to section 8 (1) as read with section 8 (2) of the Sexual Offences Act, 2006. The particulars of the offence were that on the 23^rd June 2008 at L[..] township in Turkana Central District he unlawfully and intentionally caused penetration of genital organs (sic) of F.W, a girl aged seven years. The prosecution called five witnesses and after hearing their evidence, as well as the sworn evidence of the appellant, the learned Senior Resident Magistrate (Mr. T. Nzyoki) delivered judgment on 19^th February 2010 in which he found the appellant guilty, convicted and sentenced him to 20 years imprisonment. He promptly lodged an appeal at the superior court, citing five grounds, in a home-made memorandum of appeal, as follows:-

“1. That I did not plead guilty at trial.

2. That I have been under major operations (sic) for five times…