Benjamin Wanjala Simiyu v Republic [2018] KEHC 1383 (KLR)

Facts

The appellant, Benjamin Wanjala Simiyu, was charged with defilement of a girl (JNL) aged 14 years, contrary to section 8(1) of the Sexual Offences Act No. 3 of 2006. The prosecution alleged that on 21st October, 2016, the appellant caused his penis to penetrate JNL's vagina. JNL testified that she stayed with the appellant from 21st to 24th October, 2016, and that the appellant had sex with her every night.

Issues

1. Identification of the appellant
2. Appellant's age
3. Complainant's age
4. Medical evidence confirming charges
5. Necessity of medical examination of the appellant

Reasoning

The court upheld the conviction and sentence, finding that the appellant was satisfactorily recognized, the complainant's age was established, and medical evidence corroborated the charges.

Outcome

Appeal dismissed

Authorities cited