IN THE COURT OF APPEAL
AT MOMBASA
( Coram: Madan, Law and Miller JJA )
CRIMINAL APPEAL NO. 24 OF 1981
BETWEEN
MUSYOKI...............................................................................APPELLLANT
AND
REPUBLIC.............................................................................RESPONDENT
JUDGMENT
The appellant was convicted on his own plea of defilement of a girl under the age of fourteen years contrary to Section 145(1) of the Penal Code. His appeal to the High Court was dismissed. He has appealed again. We adopt the following passage from the judgment of Kneller J, in the High Court:
“The conviction was based on the appellant’s reply to the charge and its particulars and his admission of all the facts outlined by the prosecutor as being true and they covered the essential ingredients of this offence. The Republic alleged the girl was under fourteen years and in particular only eleven and the appellant said this was so and he knew it, so the production of a birth or medical c…