JUDGMENT OF THE COURT
On the 26th March 2012, at about 6.00 pm, 13 year old M.K arrived home from school in Kirinyaga, and found her mother PW2. PW2 left to fetch water from the river leaving M.K washing utensils. As she did so, the appellant, who was known to M.K by his nickname in the neighborhood as “Salle” arrived and asked her where her mother was. M.K told him she went to the river, and continued washing utensils. Then the appellant grabbed M.K and pulled her towards their toilet. Behind the toilet, the appellant fell her down, removed her pants and defiled her, penetrating her with his penis. She was unable to scream because her mouth was covered with a cloth. Shortly after, the mother returned home and called out M.K as she could not see her. The appellant released her and ran inside the toilet as M.K ran towards the mother, panting and crying. She collapsed and fell as she was about to reach where the mother was. M.K told her mother that she was defiled by the appellant. The m…