WILLIAM KIMANI NDICHU V. REPUBLIC

JUDGMENT OF THE COURT

William Kimani Ndichu, (the appellant), appeals against the judgment of the High Court (Ochieng', J) which upheld a conviction and sentence by the Senior Resident Magistrate Kibera for the offences of having unnatural carnal knowledge of a young boy, against the order of nature contrary to Section 162 (a) of the Penal Code, defilement contrary to Section 8(1)(3) of the Sexual Offences Act and stealing contrary to section 279(b) of the Penal Code.

The particulars of the charges were as follows:-

Count 1 - Having unnatural carnal knowledge of a young boy, against the order of nature contrary to Section 162(a) of the Penal Code and the particulars were that “On the 29th day of December, 2008 at [particulars withheld] area in Kajiado North District within the Rift Valley Province, had carnal knowledge of A K M against the order of nature.”

In the alternative, the appellant was charged with indecent act with a child contrary to section 11 (1) of the Sexual Offences Act No…