JUDGMENT OF THE COURT
The appellant, Clinton Omondi Okwany, was convicted on his own plea of guilty to a charge of defilement of a girl under the age of 16 years contrary to section 145 (1) of the Penal Code.
The facts as narrated before the learned Principal Magistrate Kisumu (K. W. Kiarie, Esq.) on 23rd June, 2005 were as follows:
On the 21st June, 2005 at about 7.30 p.m. the complainant alighted at Kisumu bus stage from Suba District. The complainant, a young girl aged 12 years old, was looking for her brother and in the process met the appellant and a colleague who offered to take her to [particulars witheld] Estate to where her brother was. Instead of the two taking the young girl to her brother they took her to their house where they defiled her in turns until the following morning. The following day they took her to the bus stage where they abandoned her. She, however, managed to trace her brother to whom she reported what had befallen her. The matter was reported to the police wh…