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16-Sep-2017 16:54

s Court on a charge alleging one count of defilement of a girl under the age of 16 years and an alternative count of indecent assault on a female contrary to sections 145(1) and 144(1) of the Penal Code (Cap. The particulars of the offence in respect of the first count stated that the offence had taken place ?

on diverse dates between December, 2002 and August, 2003? As at December 2002, section 145(1) of the Penal Code provided that any person who unlawfully and carnally knew any girl under the age of fourteen years was guilty of a felony and was liable to imprisonment with hard labour for 14 years together with corporal punishment.

Some penalties under the Sexual Offences Act carry a life imprisonment penalty and this therefore means a false allegation touching on such an offence will attract a similar sentence.

On the face of it, it may appear harmless and aimed at discouraging false allegations.

These scars may affect not only how they relate with members of the opposite sex, but also how they may react to ordinary life circumstances.

They may at all times have an axe to grind with the society.

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The brief facts were as follows:- On September 18 2003, the appellant was arraigned before the Thika Chief Magistrate?

On 15th May, 2005, Lesiit J issued a warrant of arrest against the appellant and on 6th April, 2005, he was brought before her. means the partial or complete insertion of the genital organs of a person into the organs of another person. This section had played a very central role in checking some behavious that may not fit in the definition of indecent assault: I recently tried a case where an accused person harassed a girl of 12 years by words whereby he constantly nagged her to have sexual intercourse with him until she had to run away from home. For instance a boy may be 18 or 19 years of age and the girl is 17 years.



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