JUDGMENT OF THE COURT
[1] The appellant was tried and convicted by the Senior Principal Magistrate’s Court at Eldoret for the offence of defilement contrary to section 8(1) as read with section 8(2) of the Sexual Offences Act. He was sentenced to life imprisonment.
[2] Being aggrieved he appealed to the High Court at Eldoret, contending that the evidence adduced by the prosecution was insufficient to prove the charge against him, and that the trial magistrate erred in rejecting his defence. Upon hearing the appeal, the High Court (Githua, J.) dismissed the appeal, holding that the appellant was properly convicted, and that the sentence imposed upon him was the mandatory sentence provided under the law.
[3] The appellant is now before us in this second appeal in which he is challenging the judgment of the first appellate court. The grounds raised by the appellant includes: that the learned judge erred in failing to find that the age of the complainant was not proved, and in failing to con…