Ezekiel Oramat Sonkoy v Republic [2013] eKLR sufficient intelligence and understands the duty of speaking the truth. In the latter event an accused person shall not be liable to be convicted on such evidence unless it is corroborated by material evidence in support thereof implicating him (Section 19, Oaths and Statutory Declarations Act Cap 15). The Evidence Act (Section 124, Cap 80). It is important to set out the questions and answers when deciding whether a child of tender years understands the nature of an oath so that the appellate court is able to decide whether this important matter was rightly decided and not be forced to make assumptions.” The record by the trial court shows that when the trial commenced on 15th November, 2010 the trial magistrate carried out a voire dire and established that PW1 understood the nature and consequences of giving evidence on oath. PW1 in the event gave sworn testimony and was cross -examined by the appellant. The evidence of PW1 was corroborated by all the other prosecution witnesses. The appellant himself testified to living as husband and wife with PW1 for 2 months in Eldoret because he intended to marry the appellant after carrying out formalities. The appellant and PW1 engaged in s*** in Eldoret and Kilgoris. The appellant knew that PW1 was 14 years old. There cannot be any substance to the appellants complaint on this aspect of the matter at all. The appellant's complaint on alleged breach of constitutional rights was dealt with at length by the learned judge on first appeal and found to have no merit. We need not revisit that aspect of the appellant's complaint again. We have considered the issue and have reached the same conclusion as the learned judge. There is no merit in the appeal and we accordingly dismiss it. Dated and Delivered at Kisumu this 26th day of July 2013 J. W. ONYANGO OTIENO …................................ JUDGE OF APPEAL F. AZANGALALA ............................... JUDGE OF APPEAL S. ole KANTAI …................................ JUDGE OF APPEAL I certify that this is a true copy of the original. DEPUTY REGISTRAR http://www.kenyalaw.org - Page 5/6