<p class="ql-align-center">JUDGMENT OF THE COURT</p><p class="ql-align-justify">The appellant, <em>Samson Oginga Ayieyo</em>, (the appellant), was charged before the Senior Resident Magistrate’s Court, at Nyando, with the offence of defilement of a girl contrary to <em>section 145(1)</em> of the Penal Code, the particulars thereof being that on <em>15</em><em>^th</em><em> day of March, 2004</em>, at <em>[Particulars withheld]</em> Estate in Nyando District of the Nyanza Province, had carnal knowledge of L.A.O., a girl under the age of 16 years.</p><p class="ql-align-justify">The key witnesses who testified for the prosecution were <em>L.A.O. </em>(the Complainant), a girl aged <em>about 6 years old</em>, her sister, <em>R.A. (PW2)</em>, aged <em>12 years</em>, their mother, J.A.<em> (PW3)</em> and a clinical officer, <em>Thomas Oluoch (PW6)</em>.</p><p class="ql-align-justify"><em>Section 19</em> of the Oaths and Statutory Declarations Act, Cap 15 Laws of Kenya deals with the reception of evidence of children of tender years by a court or any adjudicating authority. <em>Sub-Section (1) </em>thereof provides thus:-</p><p class="ql-align-justify"><em>“19(1) Where, in any proceedings before any court or person having by law or consent of parties authority to receive e…</em></p>