JUDGMENT
The appellant Fredrick Isiaho was charged, tried and convicted by the Senior Principal Magistrate’s Court on a charge of defilement contrary to section 8(1)(2) of the Sexual Offences Act in that on the 3rd day of July, 2011 in Hamisi district within Vihiga County, he intentionally caused his penis to penetrate the anus of VI, a child aged 5 years.
He was sentenced to serve life in prison on 16th April, 2013. His first appeal to the High Court at Kakamega against both conviction and sentence was dismissed by Sitati J, on 7th September, 2016.
That dismissal provoked this appeal raising some six grounds in a memorandum of appeal filed by the appellant in person. In summary the grounds are that both courts below erred by;
Misevaluating the evidence adduced.
Failing to note that very crucial witnesses were not availed to testify in court.
Failing to note that the case was poorly investigated, and shroud with contradictions and inconsistencies.
Failing to accord the appellant a fair trial…