SAMUEL MWANGIRI V. REPUBLIC

JUDGMENT OF THE COURT

In upholding both the conviction and sentence imposed by the trial court, and after an analysis of the evidence, Njoki Mwangi, J expressed satisfaction that the offence of defilement of a girl contrary to Section 8(1)(3) of the Sexual Offences Act was proved beyond any reasonable doubt; that the evidence presented before the trial court established that the victim was 15 years old, therefore a child, within the meaning of section 2 of the Children Act, at the time the offence was committed on 6^th June, 2014 and 20^th August, 2014; and that the appellant, who was the victim’s teacher, was the culprit. She noted that the trial court, in observing the demeanor of the victim, concluded that she gave a vivid and candid account of the sexual encounter with the appellant, how their sexual liaisons would take place in the appellant’s school staff quarters; that through the testimony of the complainant as corroborated by medical evidence, penetration was proved; that by the…