Kennedy Chimwani Mulokoto v Republic [2013] eKLR The respondent went on to summarise all the evidence on record, with a view to demonstrating that the conviction was sound. I have re-evaluated all the evidence on record, as is required of a first appellate court. The person against whom the offence was committed was a 3 year old girl. On the day the trial was scheduled to commence, she was present in court. However, the little girl was unable to talk. PW1 is the mother of the little girl. She produced her daugher's Birth Certificate, which showed that the little girl was 3 years old at the time the offence was committed. PW2 is the class teacher of the Baby Class, at which the little girl was a pupil. On the material day at about 2p.m., PW2 was walking home when she saw one of her pupils crying along the road. That pupil informed PW2 that someone had taken the little girl into a maize plantation. PW2 ran into the maize plantation, where she found a man. The said man was only wearing a Tshirt. He did not have trousers. As soon as the man saw PW2, he started running away. Meanwhile, at the scene, PW2 found the little girl. Also at the scene there were a pair of trousers belonging to the man who had just run away. A cap and the panty were also recovered from the scene. PW5 was walking along the road, when he heard screams from a lady. When he inquired from her what the problem was, the lady told him that someone had taken a young girl into the maize plantation. PW5 entered into the said plantation, and found someone in there. The person started running away. However, PW5 pursued him, until he caught up with him The man whom PW5 caught up with, and then arrested is the appellant. PW2 also confirmed that it is the appellant whom she had seen in the maize plantation, wearing only a T-shirt. PW2 informed PW1 that the little girl had been defiled. The information was relayed to PW1 when the suspect was still being pursued by members of the public. The little girl informed her mother (PW1) that she was feeling pain in her private parts. At the time, the little girl was not wearing her panty. The said panty was recovered within the maize plantation, together with the appellant's trousers. The little girl was examined at the Lumakanda District Hospital. The person who examined her is a clinical officer at that hospital. The clinical officer testified that the little girl was escorted to the hospital by her mother (PW1) and a police officer (PW3). http://www.kenyalaw.org - Page 2/4