JUDGMENT OF THE COURT
Jared Koita Injiri, 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 were that on 11th May 2010 at E.e village, S.a Sub location, M. location in Mumias District within the former Western Province, the appellant unlawfully had carnal knowledge of the complainant, JA (PW1), a girl aged 9 years.
The trial magistrate convicted and sentenced the appellant 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 (Chitembwe, J), which upheld the conviction and sentence of the trial court.
A précis of the facts is that, whilst staying with her grandmother, the appellant who was working for JA’s grandmother and was inside the house at the time, called JA to get him some water to drink. As JA was fetching the water, the appellant picked her up and c…