JUDGMENT OF THE COURT
Introduction
1) This is a second appeal by Francis Kiptanui Sitienei, (the appellant), following the dismissal of his appeal by the High Court against his conviction and sentence by the Principal Magistrate’s Court at Kapsabet, for the offence of defilement contrary to Section 8 (1) as read with Section 8(4) of the Sexual Offences Act No. 3 of 2006 Laws of Kenya.
2) The particulars of the charge against the appellant were that on 3rd day of March, 2009 at [particulars withheld] Location, in Nandi Central District of the Rift Valley Province the appellant did unlawfully cause his penis to penetrate the vagina of EJ, (name withheld) a child aged 16 years. The appellant was convicted and sentenced to serve 15 years imprisonment by the trial court.
3) Aggrieved by that judgment, the appellant preferred a first appeal to the High Court. The High Court (Ochieng, J.) dismissed the appeal. The learned Judge found as follows:-
“I have come to the inescapable conclusion that th…