JUDGMENT OF THE COURT
[1] Jefferson Muriithi Mbuva, the appellant, was charged, tried, convicted and sentenced to life imprisonment for the offence of defilement contrary to section 8 (2) of the Sexual Offences Act, No. 3 of 2006. He also faced an alternative count of indecent act with a child contrary to section 11 (1) of the same Act. The particulars of the offence for which he was convicted were that he had on the 13th day of April, 2010, at [particulars withheld] Sub-location, in Mukurwe-ini District within Central Province (now Nyeri County), committed an act which caused penetration with the complainant B.N.
[2] The appellant was dissatisfied with his conviction and sentence and appealed to the High Court. That appeal was unsuccessful hence this second appeal. In his supplementary grounds of appeal which he adopted in preference to the initial grounds he had filed, the appellant raised five (5) issues, namely; that the High Court Judge erred in law in upholding his conviction on t…