JUDGMENT OF THE COURT
According to the authority of Kibangeny Arap Kolil v. R [1959] E.A. 92 at page 94 letter G , in the absence of any definition in the Oaths and Statutory Declarations Act, Chapter 15 of the Laws of Kenya of the expression "child of tender years" for the purpose of Section 19 of the said Act, such expression, in the absence of any special circumstances, is taken to mean any child of any age, or apparent age, of under fourteen years.
In this second appeal, the star witness in the court of first instance was M.A (P.W. 6) , hereinafter referred to as M . In her testimony in the aforesaid court, she said that she was 14 years old. She was therefore outside the provisions of Section 19 of the Oaths and Statutory Declarations Act, Chapter 15 of the Laws of Kenya , hereinafter called the Act . Accordingly, the provisions of Section 124 of the Evidence Act, Chapter 80 of the Laws of Kenya were not applicable to her testimony. Her evidence, if truthful, required no corroborat…