RICHARD MBOGA OGINGA V. REPUBLIC

JUDGMENT OF THE COURT

1. The appellant was convicted for the offence of defilement contrary to section 8 (1) (4) of the Sexual Offences Act and sentenced to 15 years’ imprisonment. The offence was committed between the 8^th day of June, 2010 and 8^th July, 2010 in Siaya District. The appellant had caused his penis to penetrate the vagina of E W, a girl aged 17 years.

2. The appellant was aggrieved by the said conviction and sentence and preferred an appeal to the High Court. The appeal was unsuccessful, hence this second appeal.

3. The facts that gave rise to this appeal are simple and straight forward. On 8^th June, 2010 B, PW3, a relative of the complainant, introduced the young girl to the appellant, who according to a P3 form produced by a clinical officer, PW4, was also 17 years old. B asked the complainant to marry the appellant but the young girl said that she was still in school. The complainant and the appellant seemed to have struck a romantic relationship as they agreed to go and…