JUDGMENT
The appellant was charged with the offence of defilement contrary to section 8(4) of the Sexual Offences Act No. 3 of 2006. The particulars of the offence were that on diverse dates between the month of November 2009 and the 15th day of January 2010 at [Particulars Withheld] area in (Particulars withheld] Location, within Malindi District of the Coast Province, the appellant intentionally and unlawfully caused his male genital organ to penetrate the female genital organ of the FC (PW1) [Name Withheld], a girl aged 17 years.
The trial magistrate convicted and sentenced the appellant to 15 years’ imprisonment upon finding that the offence was proved to the required standard. The appellant was dissatisfied with the decision of the trial magistrate and appealed to the High Court. The High Court (N. Mwangi, J.) agreed with the finding and decision of the trial court and upheld the conviction and sentence.
A summary of the facts is that sometime in the month of November 2009, the appe…