STANLEY MATHENGE KARANI V. REPUBLIC

JUDGMENT OF THE COURT

The appellant Stanley Mathenge Karani was arraigned before the Principal Magistrate’s Court at Baricho with the main offence of defilement contrary to Section 8(1) and (2) of the Sexual Offences Act. The particulars were that, on the 31^st day of January, 2012 in Kirinyaga West District within Central Province, he intentionally caused his penis to penetrate the vagina of C.M. a child aged five years. In the alternative, the appellant faced an offence of committing an indecent act with a child contrary to Section 11(1) of the Act. The particulars were that on the same date and place he intentionally touched the vagina of C.M. with his penis. The appellant denied both offences prompting a trial in which the prosecution called four (4) witnesses while the appellant was the sole witnesses in his defence.

The brief facts are that on the 1^st day of February, 2012 A, (PW2) who is the mother of C.M, PW1 and a neighbour of the appellant left for Baricho Township at about 7.0…