JUDGMENT OF THE COURT
The appellant was convicted by the Resident Magistrate, Kwale, S. S. Maindi, (Mrs.) for the offence of unnatural offence contrary to section 162 (a) of the Penal Code and sentenced to 20 years imprisonment. His first appeal to the superior court against the conviction and sentence was dismissed hence the present appeal.
The particulars of the offence alleged that on 5th August 2005 at 5 p.m. at M Village, D. Location in Kwale District the appellant had carnal knowledge of SL against the order of nature. The prosecution case against the appellant was briefly as follows:
On 5th August, 2005 at about 5.00 p.m. RM (PW2), a teacher at M Primary School was in her house preparing supper. She heard her child SL (PW1) crying behind the house. She did not bother but when she heard the screams again she went outside. She found a wheelbarrow and a spade behind the house but she did not see anybody. While there she heard the screams for the third time coming from the direction o…