JUDGMENT
The appellant whom we shall refer to as Don (his real name withheld), is before us in a second appeal, following his conviction and sentence in the Principal Magistrate’s court at Kapsabet, and the subsequent dismissal of his first appeal before the High Court (Sewe, J).
The background to this appeal is that Don was employed as a Chaplain and a form 1 CRE teacher at [Particulars Withheld] Secondary School. On the material day, Linnet (real name withheld), a girl aged 5 years’ old, went to Don’s one roomed house. Gladys, the school matron cum nurse who was also Don’s neighbour, saw slippers outside Don’s door. She recognized the slippers as belonging to Linnet. At around 11.00 a.m., M a 16-year-old girl under whose care Linnet had been left, called out for Linnet and heard her respond from Don’s house. Later M went to get Linnet from Don’s house so that she could come home for lunch. She found Linnet seated on Don’s bed. She then took Linnet home.
In the evening, Linnet’s mother,…