JUDGMENT OF THE COURT
[1] Gedion Masera Cosmos who is the appellant before us was tried before the Resident Magistrate's Court at Garsen for the offence of defilement of a girl contrary to Section 8(3) of the Sexual Offences Act (No. 3 of 2006). He was alleged to have defiled one PTB a girl aged 15 years. He was convicted of the offence of defilement "contrary to section 8(1) as read with section 8(3) of the Sexual", and sentenced to serve 20 years imprisonment. His appeal to the High Court against conviction and sentence was dismissed by Meoli J.
[2] The appellant has now lodged a further appeal to this court. In his original memorandum of appeal he raised five grounds to which he later added five supplementary grounds of appeal. In addition the appellant filed written submissions which he fully relied upon during the hearing of the appeal. In brief, the appellant argued firstly, that the two lower courts erred in their findings as the charge preferred against him was fatally defective…