WILLIAM NG'ANG'A GITAU V. REPUBLIC

JUDGMENT OF THE COURT

1. This is an appeal from the decision of the High Court of Kenya (the Honourable Mr. Justice J. B. Ojwang, as he then was), given on 30^th May 2007 upholding the appellant’s conviction and sentence by the trial magistrate for the offence of defilement of a girl.

Background

2. The appellant, William Ng’ang’a Gitau, was charged with the offence of defilement of a girl contrary to Section 145(1) of the Penal Code and arraigned before the Chief Magistrate’s Court at Thika on 6^th August 2004.

3. The particulars of the charge were that on 3^rd August 2004 at [Particulars Withheld] in Thika District of the Central Province the appellant had carnal knowledge of P W a girl under the age of sixteen years.

4. The appellant faced an alternative charge of indecent assault on female contrary to Section 144(1) of the Penal Code. The particulars of the offence under the alternative charge were that on the 3^rd day of august 2004 at [Particulars Withheld] in Thika District of Central Pr…