JUDGMENT OF THE COURT
1. This is a second appeal against the judgment of Nagillah J. delivered on 13th February 2013, where the court upheld the conviction and sentence of the appellant.
2. Briefly, the background of this appeal is that the appellant, Charles Kibe was charged with the offence of defilement contrary to Section 8(1) as read with Section 8(4) of the Sexual Offences Act. The particulars of the offence were that on 22nd November 2010 in Kisii Central District within Kisii County intentionally and unlawfully caused his penis to penetrate the vagina of LRM [Name Withheld], a child aged 6 years. He also faced an alternative charge of committing an indecent act with a child contrary to Section 11(1) of the Sexual Offences Act.
3. The evidence of the complainant is that on the material day, the appellant removed her biker and inserted his penis into her vagina. She felt pain, which made her cry loudly. The complainant also said that the appellant repeated the defilement many time…