JOSEPH NDAI MUSYOKI V. REPUBLIC

JUDGMENT OF THE COURT

The appellant, JOSEPH NDAI MUSYOKI, was charged with attempted defilement of a girl under the age of sixteen years contrary to section 145(2) of the Penal Code with an alternative charge of indecent assault on female contrary to section 144(1) of the Penal Code. The appellant denied the charges but after a full trial before the learned Resident Magistrate at Kitui (T.M. Mwangi), he was found guilty on the main charge, convicted and sentenced to eighteen (18) years imprisonment. His appeal to the High Court was dismissed and hence this appeal before us.

The facts as accepted by both the trial court and the High Court were that the complainant who was a girl aged 12 years came back home from school on the material day to collect a Science book. The appellant was a labourer in the complainant’s home and on the material day (13^th March, 2006) there was nobody else at home except the appellant who then lured the complainant to his house, locked the door and proceeded to…