JUDGMENT
The Appellant, Kenneth Randu Nzai was convicted of one count of defilement contrary to section 8(1) and (3) of the Sexual Offences Act No.3 of 2006, and sentenced to serve 25 years’ imprisonment, by the Chief Magistrate’s Court at Malindi. The particulars of the offence were that between the months of May and June 2013 in Magarini, Kilifi County, the Appellant intentionally and unlawfully caused his penis to penetrate the vagina of TTM aged 15 years.
The prosecution case was that the complainant was a primary school class six pupil where the Appellant was a teacher. The prosecution case was that the complainant delivered milk to the Appellant at his house every morning and would collect the empty bottle in the evening as she went home. In the process of time, on a date she could not recall, the Appellant started having carnal knowledge of her when she delivered the milk to him at his house on Saturday’s, until she realized that she was expecting his child.By the time she testif…