JUDGMENT OF THE COURT
[1] This is a second appeal originating from the judgment of the Senior Principal Magistrate’s Court at Webuye in which the appellant, Emmanuel Ejore was tried and convicted for the offence of defilement contrary to section 8 (1) as read with Section 8 (3) of the Sexual Offences Act. He was sentenced to 20 years imprisonment.
[2] In the first appeal before the High Court, the appellant raised 5 grounds in which he contended that the trial magistrate erred in law and fact in convicting the appellant on the complainant’s evidence which was incredible; dwelling on the evidence of the complainant’s mother which was dubious; relying on medical evidence which was not conclusive; convicting the appellant on investigations which were below par; and convicting the appellant without due regard to his defence.
[3] The hearing of the first appeal proceeded before Justice J.M. Mutungi who delivered a judgment on 13th November 2013 in which he dismissed the appeal in its entirety…