PAUL MUSEMBII MUTUA V. REPUBLIC

JUDGMENT OF THE COURT

Paul Musembi Mutua (the appellant) has preferred this second appeal challenging the conviction and sentence for the offence of defilement contrary to section 8(1) as read with section 8(2) of the Sexual Offences Act No. 3 of 2006. It was alleged that on the 2^nd September, 2013 in Makueni County, he intentionally and unlawfully caused his genital organs (sic) namely penis to penetrate the female genital organ namely vagina of NS a child aged 8 years.

A brief background to this appeal is that the evening of 22nd September, 2013 at about 8 p.m., the complainant’s aunt sent her out together with Paul Musembi Mutua (the appellant herein) whom P.W.1 knew and identified as ‘Uncle Musembi’ to one Ngokundu’s place, presumably to buy some alcohol.

Somewhere along their way back home, the appellant undressed himself then forced P.W.1 to remove her clothes and thereafter proceeded to defile her. Despite her pain and screams, he was not deterred. Not in vain, the screams attract…