WILLIAMSON SOWA MBWANGA V. REPUBLIC

JUDGMENT OF THE COURT

The appellant, Williamson Sowa Mbwanga was convicted on 28^th March 2012 by the Senior Principal Magistrate’s Court, Voi, for the offence of defilement contrary to section 8(1) as read with section 8(4) of the Sexual Offences Act, No. 3 of 2006 and sentenced to 15 years imprisonment. The High Court at Mombasa (Muya, J.) dismissed his first appeal on 4^th March 2014, prompting him to institute the second appeal now before us.

The particulars of the offence facing the appellant were that between the months of July and October 2010, at [particulars withheld] Village in Taita Taveta County, he unlawfully caused his genital organ to penetrate the genitalia of PM, a girl aged 17 years old. He also faced a second count, which is of no moment in this appeal, of committing an indecent act with a child contrary to section 11(1) of the same Act.

The evidence adduced by the prosecution was rather straightforward. PM was at the material time aged 17 years old and a primary school …