KABWERE CHIKO KABWERE V. REPUBLIC

JUDGMENT OF THE COURT

This is an appeal from the Judgement of the High Court (Omondi J) dismissing the appellant's appeal against conviction and sentence for the offence of defilement contrary to section 8(1) 2 of the sexual offences Act.

The particulars of the charge stated that on 14^th March 2008 the appellant unlawfully defiled E C L a girl aged 9 years old child.

Before receiving the evidence of the child the Senior Resident Magistrate made a record of the examination of the child thus:

“ Voire Dire examination

I am aged 9 years. I go to [Particulars Withheld] in standard 3. I understand the importance of speaking the truth.

Court

Order

To give unsworn statement

(Kiswahili) ”

Thereafter the complainant gave unsworn evidence. She stated in essence that on the morning of 14^th March 2008 she went to look for palm leaves when Kabwere whom she identified as the appellant called her to the road side; held hand; laid her down, removed her underpants and defiled her and that when the appella…