MAPINGA LUKA KAMAU V. REPUBLIC

JUDGMENT OF THE COURT

The appellant in this appeal, Mapinga Luka Kamau, was charged in the Chief Magistrate’s Court at Nakuru with two counts of defilement of a girl under the age of 16 years contrary to section 145 (1) of the Penal Code, each of which count had an alternative count of indecent assault of a female, contrary to section 144 (1) of the Penal Code. In the first count, the particulars were that:-

“On the 14^th day of March, 2004, at N[...] Town in Nakuru District within Rift Valley Province, unlawfully had carnal knowledge of G.W, a girl under the age of 16 years.”

And its alternative count was that of indecent assault of the same G.W1. The particulars of the second count were the same except that the victim was I. W, and the alternative charge to that second count was also the same but I was the complainant.

The appellant denied both counts and their alternatives. However after a full hearing, in which both complainants, I’s mother G.W2 (PW 2), GW1’s auntie, P.G.M (PW 4), a cl…