JUDGMENT
The appellant, Dickson Bidii Kenga, was on 19th February 2019 convicted by the Senior Principal Magistrate’s Court at Kilifi for the offence of defilement contrary to Section 8(1) as read with 8(3) of the Sexual Offences Act and sentenced to twenty years imprisonment. The particulars of the offence were that on diverse dates between 1st February and 29th February 2014 at Mweza Sub Location, Dungicha Location in Ganze District within Kilifi County, he intentionally caused his genital organ namely penis to penetrate the genital organ namely vagina of ZMM a child 15 years.
ZMM testified on 24th March 2015. She stated that she was a student in class 7 at Primary school; that the appellant was her friend and had known him since she was born; that the appellant asked her to have sex with her and she agreed; that she started having sex with him in 2013 and that he did not force her to do so; that she became pregnant and the appellant suggested and assisted her to get an abortion, whic…