MICHAEL LOKWARA AYAN V. REPUBLIC

JUDGMENT OF THE COURT

In this second and last appeal, MICHAEL LOKWARA AYAN, (the appellant) challenges his conviction for the offence of defilement of a girl contrary to section 145(1) of the Penal Code. It had been alleged in the charge sheet that on the 16^th day of July, 2004 at Lodwar Township in Turkana District of the Rift Valley Province, he unlawfully had carnal knowledge of A.E., a girl under the age of sixteen years. There was also an alternative charge of indecent assault on a female based on the same facts. Upon his conviction on the main charge, the appellant was sentenced to serve 28 years in prison. As this is a second appeal, only issues of law may be raised and considered. - See Section 361 of the Criminal Procedure Code.

As the sun set on the residents of [particulars withheld] Estate in Lodwar Township, on 16^th July, 2004, 91⁄2 year-old A.E. (PW1) hereinafter (“A.E”), was sent by her grandmother to fetch some water from a tap near her house. There was enough light at …