STEPHEN NGULI MULILI V. REPUBLIC

JUDGMENT OF THE COURT

Background

This is a second appeal by STEPHEN NGULI MULILI against the conviction and sentence for the offence of defilement contrary to Section 8 (1) as read with sub-section (3) of the Sexual Offences Act No. 3 of 2006 Laws of Kenya. The Chief Magistrates Court in Cr. Case No. 593 of 2009 convicted the appellant and sentenced him to serve ten years imprisonment.

The High Court upheld the conviction but enhanced the sentence to twenty [20] years imprisonment.

The particulars of the charge were that on 25th December, 2009 at Donyo Sabuk Trading centre in Kyanzabe Location of Matungulu District within

Eastern Province, intentionally and unlawfully committed an act which caused penetration with his organ (penis) into the genital organ (vagina) of JWM a child aged 13 years.

The appellant denied the charge and in the trial the prosecution called a total of five witnesses. The appellant gave unsworn evidence and did not call any witnesses. The trial court considered the evi…