LETTO MACHAKI MBITI V. REPUBLIC

JUDGMENT OF THE COURT

The appellant was charged in the Senior Principal Magistrate court at Siakago with one count of rape contrary to Section 3(1) (a) of the Sexual Offences Act; an alternative count of indecent act with an adult contrary to Section 11(6) of the Sexual Offences Act and one count of stealing contrary to Section 275 of the Penal Code.

The particulars of the offence of rape were that on 22^nd January, 2011 at around 9:00 a.m. in Mbeere District within Embu County, the appellant caused his penis to penetrate the vagina of PNN without her consent. On the alternative count, the particulars were that on the aforementioned place and date the appellant committed an indecent act with PNN by rubbing his penis against PNN’s vagina. The particulars of the offence of stealing were that on the aforementioned place and date the appellant stole a mobile phone make Nokia 1200 valued at Kshs. 2,500/= the property of PNN.

The appellant pleaded not guilty to all counts and the prosecution c…