REUBEN DENA MAKOMBA V. REPUBLIC

JUDGMENT OF THE COURT

This appeal arises from the decision of the High Court at Malindi, (Meoli, J) confirming the appellant's conviction for the offence of defilement for which he was sentenced to 15 years imprisonment.

It was alleged that after the first sexual encounter in December, 2010, between the appellant and the complainant, whose age was found by the two courts below to be 15 years, the two subsequently continued to engage in such exploits to the extent that the complainant, her age notwithstanding, began to regard the appellant as her fiancé. The proverbial straw that broke the camel’s back came on 21^st April, 2011 at a funeral wake at the appellant’s home. The complainant testified that she attended the funeral wake and spent the night having sex with the appellant in the bush. The next morning when she returned home and upon being challenged by her parents, the complainant confessed to having an affair with the appellant claiming that he had promised to marry her. The fathe…