VINCENT OCHIENG ARINGO V. REPUBLIC

JUDGMENT OF THE COURT

[1] The appellant has appealed against the judgment of the High Court (Chemitei, J) dismissing his appeal against his conviction and sentence for defilement contrary to section 8 (1)(3) of the Sexual Offences Act.

[2] The appellant was charged before the Principal Magistrate (PM) at Bondo with defilement contrary to Section 8 (1)(3) of the Sexual Offences Act, No. 3 of 2006, the particulars being that on 20^th March, 2013, at about 4.00 p.m. at West Sakwa Location in Bondo District, within Siaya County, the appellant unlawfully and intentionally caused his penis to penetrate the genital organ (vagina) of the complainant, a minor aged 31⁄2 years.

[3] The appellant also faced an alternative charge of committing an indecent act with a girl contrary to Section 11 (1) of the Sexual Offences Act. The facts of the case as presented by the prosecution were that the complainant, aged 3 1⁄2 years was sent to fetch water by her mother. She was accompanied by her brother. The ap…