STANLEY WARUI GACHERU V. REPUBLIC

JUDGMENT OF THE COURT

This is a second appeal from the Judgment of the High Court (Wakiaga, J.) dated 19^th December, 2012 wherein the appellant’s conviction was upheld and sentence confirmed.

Stanley Warui Gacheru, the appellant was charged with the offence of defilement contrary to Section 8(1) and (2) of the Sexual Offence Act and an alternative charge of indecent act with a child contrary to Section 11(1) of the Sexual Offences Act in the Senior Resident Magistrate’s Court at Karatina. The particulars of the offence of defilement were that, on 12^th May, 2007 in Nyeri District within the then Central Province, the appellant did an act of penetration to DN, a girl aged 11 years. The particulars of the alternative charge were that on the above mentioned date and place, the appellant unlawfully and intentionally indecently assaulted DN, a child under the age of 18 years by touching her private parts.

The appellant pleaded not guilty to both charges. The prosecution called a total of four …