JUDGMENT OF THE COURT
1. EMS, the appellant, was charged with the offence of defilement contrary to Section 8(1)(2) of the Sexual Offences Act. The particulars of the offence were that on 29th December 2011 in Navakholo District within the former Western Province unlawfully and intentionally caused his penis to penetrate the vagina of DK a child aged 6 years.
2. The appellant was tried before the Magistrate’s court at Kakamega and convicted in a judgment delivered by Hon. Wesonga on 20th December 2012. Thereafter, he was sentenced to life imprisonment. His first appeal was rejected by the High Court at Kakamega (Chitembwe J.) in a judgment dated 11th February, 2015 but delivered by (Sitati, J.) on 12th March, 2015.
3. In this, his second appeal, the appellant in his grounds of appeal states that his right to fair trial was violated; that the charge sheet was defective; that the ingredients of the offence of defilement were not established; that the courts below did not consider that the …