TITUS DANIEL NZIVO MAWEU V. REPUBLIC

JUDGMENT OF THE COURT

1. Titus Daniel Nzivo Maweu, the appellant herein, was charged and convicted of the offence of defilement contrary to section 8(1) of the Sexual Offences Act, No. 3 of 2006. The brief particulars of the charge were that on the 21^st March 2010, at Vanga location, Msambweni, in Kwale County, the appellant committed an act which caused penetration of his penis into the vagina of JMK, a girl aged sixteen years. After conviction, he was sentenced to serve a term of fifteen years imprisonment.

2. The concurrent findings of fact in the two courts below were that on the material day, the complainant was walking home from church when she met the appellant, who was well known to her. The appellant grabbed the complainant, removed her clothes and defiled her.

3. The appellant is aggrieved with his conviction and sentence, and has preferred this second appeal in which he has asked us to vacate the findings and orders of the trial court. During hearing of this appeal, the appell…