PETER LOMOKETILO LOBASU V. REPUBLIC

JUDGMENT OF THE COURT

This is a second appeal from the conviction and sentence of Peter Lomoketilo Losabu, the appellant, for the offence of defilement contrary to section 8(3) of the Sexual Offences Act No. 3 of 2006, in which it was alleged that on 28^th March 2010 in North Pokot District within the Rift Valley Province, the appellant penetrated into the vagina of MCK, (the complainant) a girl aged 12 years.

The brief facts of the case were that on the evening of 28^th March 2010 at Kodich Centre, the appellant waylaid MCK whilst she was on her way to her grandmother’s home. The appellant grabbed her and pushed her into a thicket where he defiled her threatening to kill her if she reported the matter. Despite that threat, MCK reported the assault to her grandmother who in turn reported the same to the Kacheliba Police. MCK was treated at Kacheliba District Hospital and was issued with P3 form that showed her hymen had been perforated.

The appellant was later charged with the said offence…