LOKITESA LOKISA V. REPUBLIC

JUDGMENT OF THE COURT

[1] The appellant Lokitesa Lokisa, was charged with the offence of defilement contrary to section 8(1) as read with section 8(4) of the Sexual Offences Act. It was alleged that on the night of 4^th December and early morning of 5^th December 2010, at [particulars withheld] Village in Mogotio District within Baringo County, he intentionally and unlawfully caused his penis to penetrate the vagina of JK (name withheld) a child aged 16 years. He also faced an alternative charge of indecent act with a child contrary to section 11(1) of the Sexual Offences Act.

[2] The facts leading to the arrest of the appellant were that on 4^th of December 2010, JK was helping her brother SK who was employed at [particulars withheld] Livestock Development, take care of sheep. At about 6.30pm, they returned the goats to the pen and JK went into a house within the vicinity where the workers stay to return a basin. The appellant who was a herdsman for the local Chief Aaron Kigen Keptoo (Chi…