W.K.K V. REPUBLIC

JUDGMENT OF THE COURT

The appellant WKK, was charged in the Principal Magistrates’ Court at Kabarnet with the offence of incest by a male contrary to Section 20 (1) of the Sexual Offences Act No. 3 of 2006, the particulars of which were that on 9^th July 2011, in marigat District within the Baringo County the appellant did cause his penis to penetrate the vagina of the complainant, JK, PW1 a girl aged 7 years who the appellant knew to be his daughter.

He also faced an alternative charge of indecent act contrary to section 11(1) of the Sexual Offences Act, the particulars of which were that on the same day and place he intentionally and unlawfully caused his penis to come into contact with the complainant’s vagina. The appellant denied committing the offence.

After hearing the case, the trial magistrate having found that the main charge was proved, convicted and sentenced the appellant. Dissatisfied with that decision, he appealed to the High Court that upheld the trial court’s decision.

Th…