SHIMAYAMANA JEANE CLAUDE V. REPUBLIC

JUDGMENT OF THE COURT

SHIMAYAMANA JEANE CLAUDE, the appellant herein, was on 16^th March, 2004 arraigned before the Senior Resident Magistrate’s Court at Kakuma on two counts of defilement of a girl under the age of 16 years contrary to section 144(1) of the Penal Code. The particulars of the first count read as follows:-

“SHIMIYAMANA JEAN CLAUDE.

On the 7^th day of March 2004, at Kakuma Refugee camp in Turkana District within Rift Valley Province, unlawfully had carnal knowledge of K I, a girl under the age of sixteen years.”

As regards the second count the particulars were as follows:-

“SHIMIYAMANA JEAN CLAUDE:- On the 7^th day of March, 2004, at Kakuma Refugee Camp in Turkana District within Rift Valley Province, unlawfully had carnal knowledge of J A, a girl under the age of sixteen years.”

The appellant’s trial commenced on 20^th May, 2005 before Mrs. H. Ong’udi (Senior Principal Magistrate) when K I (PW 1) a minor aged 6 years testified by way of unsworn statement in her mother tongue – K…