JUDGMENT OF THE COURT
JOHN PATRICK KIBET, the appellant herein, was arraigned before the Senior Principal Magistrate’s court at Kitale on a charge of defilement of a girl under the age of 16 years contrary to Section 145(1) of the Penal Code. The particulars of the offence were that on the 11th day of April, 2004 at Trans – Nzoia District within the Rift Valley Province, unlawfully had carnal knowledge of [M C], a girl under the age of 16 years.
The appellant pleaded not guilty to the charge on 20th April, 2004 before the Senior Principal Magistrate at Kitale (H.I. Ongudi). His trial subsequently commenced on 7th July, 2005 before the Principal Magistrate at Kitale (M.C. Chepseba), when the complainant [M.C] (PW1) and her mother [M.C.S] (PW2) testified. Two other prosecution witnesses namely, Jimmy Peter Simiyu (PW3) and P.C. Woman Rael Kiplagat (PW4) gave evidence on 16th August, 2005. The appellant finally gave his evidence in defence on 28th October, 2005.
According to the trial Magis…