JUDGMENT OF THE COURT
Following his trial for the offence of defilement contrary to section 8 (3) of the Sexual Offences Act, No. 3 of 2006, Daniel Otieno Oracha, the appellant herein, was convicted and thereafter sentenced to 21 years imprisonment by the Senior Principal Magistrate’s Court at Siaya. The complainant, M. A. O, was, on the material date of the offence, under the age of 13 years. The particulars of the offence alleged that on the 2nd day of January 2007 in Siaya District, within Nyanza Province, the appellant had carnal knowledge of the complainant M.A.O, a child of 13 years, without her consent.
The appellant’s first appeal against conviction and sentence was dismissed by the High Court.
The evidence before the trial court which that court and the High Court accepted, was that on the 21st January, 2007, at about 7.00 pm, the appellant and his young sister C went to the house of G.A (PW2) (A), a community health nurse, to buy some medicine. There they met the complainant, M…