Wilson Mugambi Njeru v Republic [2013] eKLR not coincide with a weekend he is at liberty to file a suit for compensation for the violation of his rights. He has also submitted that he should have been charged with the offence of committing an unnatural offence. This is not correct as the said issue of an unnatural offence was under the Penal Code which was repealed with the enactment of the Sexual Offences Act No.3 of 2006. I now wish to consolidate grounds number 3-6 of his appeal and deal with the issue of the evidence adduced. Section 124 of the Evidence Act provides; “Corroboration required in criminal cases Notwithstanding the provisions of section 19 of the Oaths and Statutory Declarations Act (Cap. 15), where the evidence of the alleged victim is admitted in accordance with that section on behalf of the prosecution in proceedings against any person for an offence, the accused shall not be liable to be convicted on such evidence unless it is corroborated by other material evidence in support thereof implicating him”. The learned trial Magistrate addressed this issue in her Judgment. She was satisfied with the evidence of PW1. The boy reported the incident at the earliest opportunity to PW2. He was immediately taken to the hospital. The medical evidence (PW4) and the P3 (EXB1) support the complain of PW1. PW1 knew the Appellant well and even gave out his name and what he does for a living. Even the Appellant confirmed the he does taxi business for a living. The learned trial Magistrate in her Judgment also addressed his defence. She considered it and dismissed it which I also do. Upon my own re-evaluation of the evidence I do find that the learned trial Magistrate analysed the evidence well and arrived at the correct decision. It is evident that PW1 was sexually assaulted through the anus and the person who did this was the Appellant. The sentence he meted out to him is lawful and well befitting the offence committed. I have no reason to make me interfere with both the conviction and sentence. The result is that the appeal is dismissed. Right of appeal explained. DATED, SIGNED AND DELIVERED IN OPEN COURT AT EMBU THIS 26TH DAY OF SEPTEMBER 2013. H.I. ONG'UDI JUDGE In the presence of; M/s Ingahizu for Prosecutor Appellant Njue – C/c http://www.kenyalaw.org - Page 3/4