JUDGMENT OF THE COURT
1. The appellant was charged with rape contrary to Section 3 (1) (a) (b) as read with Section 3 of the Sexual Offences Act. The particulars were that on 5th July 2014 at [particulars withheld] Township, Bumula Division within Bungoma County he intentionally and unlawfully caused penetration by inserting his male genital organ namely penis into the female genital organ on LN a girl aged 18 years without her consent.
2. The appellant was tried and convicted by the magistrate’s court. He was sentenced to life imprisonment. His appeal to the High Court against conviction and sentence was dismissed. He has lodged the instant second appeal to this Court. The grounds of appeal are that the judge erred by conducting proceedings that violated his rights; arrived at a decision without analyzing the evidence on record; acted with bias in rejecting the alibi adduced by the appellant in his defence and; finally, the judge erred and imposed a harsh and excessive sentence in the …