JUDGMENT OF THE COURT
[1] This is a second appeal lodged by Elias Nyongesa Makenzi (appellant). He was first tried and convicted by the magistrate’s court in Eldoret of the offence of defilement of “FC”, a child aged seven (7) years contrary to section 8(1) as read with section 8(2) of the Sexual Offences Act No. 3 of 2006. He was sentenced to serve life imprisonment.
[2] Being aggrieved, he appealed to the High Court against his conviction and sentence. His appeal was heard and dismissed by the High Court (Ngenye J). The appellant is now challenging the High Court judgment on four (4) grounds of appeal contending that: the learned judge erred in failing to consider that the appellant was not examined by the doctor; the learned judge failed to take into account that the medical officer who testified is not the one who examined the complainant or who treated her; and that the learned judge shifted the burden of proof to the appellant.
[3] During the hearing of the appeal, the appellant fi…