LAZARO KUNDU SIMIYU V. REPUBLIC

JUDGMENT OF THE COURT

This is the second and last appeal by Lazaro Kundu Simiyu (hereinafter “the appellant”) who faced a charge of defilement of a girl contrary to section 145(1) of the Penal Code before Kitale Principal Magistrate, Mrs. C. Chepseba. It had been alleged that on the 12^th day of January, 2003 at Trans Nzoia District in Rift Valley Province, he unlawfully had carnal knowledge of EM, a girl under the age of fourteen years. After a full trial, the learned Magistrate did not find the charge of defilement proved but held that he was guilty of the lesser offence of attempted defilement. He was sentenced to serve 20 years in prison with hard labour. The appellant was dissatisfied with the conviction and sentence and so appealed to the superior court. Upon reviewing and re-evaluating the evidence on record, the superior court (Karanja, J.) held that the offence of defilement was committed and she altered the conviction accordingly. The sentence meted out by the trial Magistrate…