JUDGMENT
This, a second appeal, lodged by DKY, the Appellant herein, against the judgment rendered by the Garsen High Court (hereinafter “the High Court”). The High Court upheld the conviction of the Appellant for the offence of defilement contrary to Section 8 (1) as read with Section 8 (2) of the Sexual Offences Act, and sentence of 20 years’ imprisonment that had been imposed for the conviction by the Principal Magistrate’s Court at Garsen (hereinafter “the trial court”).
The particulars of the offence, as they appeared on the charge sheet in the trial Court, were that “on the 22nd day of February 2017 at about 23 50 hrs at [Particulars Withheld] Village, Salama Location, Tana Delta Sub County, intentionally caused his penis to penetrate the anus of AGD, a child aged 14 years.” The Appellant also faced the alternative count of committing an indecent act with a child contrary to section 11(1) of the Sexual Offences Act. The prosecution called six witnesses to testify in the trial, whi…