SNM V. REPUBLIC

JUDGMENT OF THE COURT

SNM, the appellant was charged with the offence of defilement contrary to section 8(1) (3) of the Sexual Offences Act No. 3 of 2006 and in the alternative with the offence of committing an indecent act with a child contrary to section 11(1) of the same Act. The particulars of the main offence are that on diverse dates between the month of April and June 2012 in Kajiado North County, the appellant intentionally caused his penis to penetrate the vagina of AW, the complainant (PW1), a child aged 15 years.

In the alternative count, the particulars are that on diverse dates between April and June 2012 in Kajiado North County the appellant intentionally touched the buttocks, breast and vagina of AW.

The trial magistrate (Hon. Mwangi) convicted and sentenced the appellant to 25 years’ imprisonment upon finding that the offence was proved to the required standard. The appellant was dissatisfied with the decision, and appealed to the High Court (Kimaru, J.), which upheld the…