WISTONE HAMISI CHILAGO V. REPUBLIC

JUDGMENT OF THE COURT

The appellant, WILSTONE HAMISI CHILANGO was charged with the offence of defilement of a girl contrary to section 8(3) of the Sexual Offences Act No. 3 of 2006. The second second charge was that of an indecent act with a child contrary to section 11(1) of the Sexual Offences Act.

The matter proceeded before C.O. Obulutsa, Senior Resident Magistrate who found the appellant guilty and sentenced him to 20 years imprisonment. The trial court heard the evidence of six (6) witnesses, namely PW1 S N, PW2 P N, PW3 Dr. Mutinda, PW4 M N, PW5 P N, PW6 Pc. Konde. The appellant gave an unsworn statement of defence. He denied the charge and alleged that he was charged with the offences as PW5, P P used this to evade payment of sum of Kshs.6,000/= due and owing to him. The learned trial Magistrate considered the evidence and convicted the appellant.

Thereafter, the appellant filed an appeal in Malindi Criminal Appeal No. 157 of 2007. On 28^th May, 2009, H. A. Omondi, J. dismissed th…