M.M V. REPUBLIC

JUDGMENT OF THE COURT

In convicting the appellant for the offence of defilement contrary to section 8 (1) as read with section 8 (2) of the Sexual Offences Act, the learned trial magistrate relied on the evidence of the complainant’s mother who explained that on the fateful morning at 5.30 am, she went to fetch water leaving behind her two children, the complainant aged 4 years and her sibling aged 2 years, sleeping in her house. When she returned after 30 minutes, she heard the complainant crying.

Upon entering the house, she found the appellant, a nephew to her husband, in bed with the complainant. His long trousers were below his knees. The witness called her husband (the complainant’s father) from his second wife’s house. He confirmed that when he got to his first wife’s house he found the appellant in the house and the complainant was crying.

The complainant’s grandmother was called and upon examining her found that she had injuries in her private part. Although the complainant’s gr…