JUDGMENT OF THE COURT
Godfrey Mudulia, the appellant, was charged with the offence of defilement contrary to section 8(1) as read with section 8(2) of the Sexual Offences Act No. 3 of 2006. The particulars of the offence are that on the 24th October 2012 at [particulars withheld], Nairobi County, he intentionally and unlawfully caused penetration of his male genital organ namely, his penis into the female genital organ namely vagina of the complainant AK, PW 1 a girl child aged 11 years.
The alternative charge was that he committed an indecent act with a child contrary to Section 11(1) of the same Act.
The appellant denied committing the offence, and after considering the evidence, the trial magistrate convicted and sentenced him to life imprisonment upon finding that the offence was proved to the required standard. The appellant was dissatisfied with the decision, and appealed to the High Court (Kimaru, J.), which upheld the conviction and sentence. The appellant was aggrieved, and appe…