JUDGMENT OF THE COURT
The appellant, Hadson Ali Mwachongo, was on 25th October 2011 convicted by the Principal Magistrate’s Court, Voi for the offence of defilement of a girl aged 15 years, contrary to section 8(3) of the Sexual Offences Act. The offence was alleged to have been committed in June 2010 at Taita Taveta County. Upon conviction, he was sentenced to 20 years imprisonment.
Aggrieved by the judgment, he filed a first appeal in the High Court at Mombasa which Muya, J. found unmeritorious and dismissed on 29th May 2014, precipitating this second appeal.
The facts in this appeal are fairly straightforward. According to the evidence adduced by five prosecution witnesses who included the complainant (DC), her mother (PW2), and a medical doctor (PW5), DC was on the date of commission of the offence 15 years old. Her Certificate of Birth No. 733713, which was produced in evidence as an exhibit, indicated that she was born on 3rd January 1995. Her mother too testified that her daughter…