JUDGMENT OF THE COURT
The appellant who gave his age as 70 years was accused of defiling a 9 year old girl and was accordingly charged, tried and convicted. As such has brought this appeal challenging the dismissal of his first appeal against conviction and life sentence in the High Court.
Mr Nyongesa representing him has urged us to upset the decision of the High Court on two related grounds. One, he submitted that the learned Judge of the superior court below failed to appreciate that the evidence of the victim ought to have been corroborated despite the provisions of the provison to section 124 of the Evidence Act, in view of the unique nature of the case, where the victim gave self-contradictory and refractory evidence bordering on hostility; that there was infact evidence to corroborate that of the victim exonerating the appellant which the prosecution failed to avail at the trial; and that the learned Judge failed to note that the trial court did not state the reason for believing…