JOSEPH PARASHUKU V REPUBLIC[2013]eKLR child in the children’s Act Cap 8 of 2004. 20. The issue of consent in this case does not suffice as a child cannot consent to having sexual relations with an adult. The appellant in his petition of appeal raises the issue that he did not know that the complainant was underage. However, he did not adduce any evidence to the trial court showing the steps he undertook to determine the age of the complainant especially knowing the fact that she was a school going girl. I therefore will not disturb the trial magistrate’s conviction and sentence regarding the 1st count. 21. With regard to the second count I find the charge sheet fatally defective as the charging law had already been repealed. The correct law in this case should have been the Kenya Citizenship and Immigration Act No.12 of 2011 and in particular section 33 thereof. 22. In conclusion I allow the appeal partly regarding the second count. The appeal on the 1st count is dismissed. R/A within 14 days. Dated and delivered at Kisii this 31st day of January, 2013. RUTH NEKOYE SITATI JUDGE. In the presence of: Present in person for Appellant Mr. Shabola (present) for Respondent Mr. Bibu - Court Clerk RUTH NEKOYE SITATI JUDGE. While the design, structure and metadata of the Case Search database are licensed by Kenya Law under a Creative Commons Attribution-ShareAlike 3.0 Unported License, the texts of the judicial opinions contained in it are in the public domain and are free from any copyright restrictions. Read our Privacy Policy | Disclaimer http://www.kenyalaw.org - Page 4/4 Powered by TCPDF (www.tcpdf.org)