SELESTINE MUREITHI MUGO V. REPUBLIC

JUDGMENT OF THE COURT

On 19th August 2011 RMW, a young girl just over 11 years old was on a visit to her brother BM (PW2) at Kiambu from her home in Ruiru. At about 4pm, she left M’s house for a nearby house belonging to her aunt to watch television with other children. While there the appellant herein Selestine Mureithi, a person well-known to her as a worker in that homestead came and, taking her by the hand, led her to his house.

There, he roughly placed her on a bed, stripped her of her bikers and panties, removed his own trousers and boxers and, above her screams, proceeded to insert his penis into her vagina, the penetration rupturing her hymen - as the medical examination and the report produced in court by Dr. Mohamed Faizal of Kiambu District Hospital would later reveal. RMW’s screams caught the attention of her brother PW2 who had come after her and his other siblings at about 8pm. The screams, a child’s were coming from the worker’s house and PW2 rushed in that direction acco…