JUDGMENT OF THE COURT
BACKGROUND
1. This is a second appeal by CMM (the appellant) against his conviction and sentence for the offence of incest by male contrary to Section 20(1) of the Sexual Offences Act. The particulars of the charge against the appellant were that on diverse dates between 15th September, 2010 and 15th October, 2010 at Mwingi Township, Mwingi Location, in Mwingi Central District within Kitui County, he unlawfully and intentionally committed an act which caused the penetration of his male genital organ into the female genital organ of MM (name withheld), a child of 13 years, who to his knowledge was his daughter.
2. It is on the basis of the above particulars and the evidence on record that the Senior Resident Magistrate’s Court at Mwingi convicted the appellant for the offence of incest and sentenced him to life imprisonment. Subsequently, the High Court (S.N. Mutuku, J) concluded as follows:-
“...The defence of the appellant is not credible and has not raised any doub…