JUDGMENT OF THE COURT
The appellant, Joseph Kiarie Karanja was first convicted before the Senior Resident Magistrate's Court at Gatundu and sentenced to thirty five (35) years imprisonment on 15th August 2006. Unfortunately, the original court file was destroyed in a fire that razed the court to the ground and on appeal, the High Court had no option but to order a retrial.
In the retrial before the Principal Magistrate’s Court at Gatundu, the charges against the appellant were two counts of defilement contrary to Section 145(1) of the Penal code and one count of attempted defilement contrary to Section 145 (2) of the Penal Code.
In count I, it was alleged that on 1st March, 2006 at Mukurwe village in Thika District of the then Central Province, he had unlawful carnal knowledge of LWM (name withheld), a girl under the age of sixteen years. In count II, it was alleged that on 1st March, 2006 at the same place and time, he attempted to have carnal knowledge of CW (name withheld), a girl und…