RODGERS WAFULA BARAZA V. REPUBLIC

JUDGMENT OF THE COURT

Rodgers Barasa Wafula the appellant herein, was on 25^th September, 2013, arraigned before the Acting Principal Magistrate at Bungoma charged with the offence of Defilement of a Girl, contrary to Section 8(1)(3) of the Sexual Offences Act. The particulars of the offence were that between the 20^th and 23^rd days of September, 2013 within Bungoma County, the appellant intentionally and unlawfully caused his penis to penetrate the vagina of NW, a child aged 15 years.

He faced an alternative charge of committing an indecent Act with a child contrary to Section 11(1) of the said statute the particulars whereof were that at the same time and place he unlawfully and intentionally touched the vagina of the said child with his penis.

In answer to the charge the appellant replied “it is true” whereupon the magistrate entered a plea of guilty against him and called upon the Prosecutor to read the facts of the offence to the appellant. Those facts as presented were that on the ea…