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JUDGMENT OF THE COURT
Samuel Murunga, was charged with the offence of defilement contrary to section 8(2) of the Sexual Offences Act. It was alleged that on 9th March, 2009 at Ruaka Village, he intentionally and unlawfully committed an act which caused penetration with his male member into the female organ of R.B.K., a girl of 14 years. He also faced an alternative charge under section 11(1) of the same Act.
The Chief Magistrate’s Court at Kiambu found him guilty and sentenced him to ten years in prison. He appealed to the High Court (Acholde, J.), which found him guilty on the alternative charge of committing an indecent act but retained the prison term.
Being aggrieved by that decision, Samuel Murunga filed in this Court what was headed “MEMORANDUM OF MITIGATION.” In it he pleaded that he was remorseful and had reformed much while in prison. There, he had undertaken various courses, been assigned useful roles and had changed by undergoing theological and vocational training and was now…