JUDGEMENT OF THE COURT
John Otieno Mumbo, the appellant, was convicted by the Kisumu Principal Magistrate, A.C. Onginjo, for 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 Act). It had been alleged, in the charge sheet, that on 19th August, 2007 at [particulars withheld] village in Kisumu East District within Nyanza Province, the appellant "caused penetration with his genital organ to a child namely A A". There was also an alternative count of indecent assault with a child contrary to section 11 (1) of the same Act. Upon his conviction, the appellant was sentenced to serve twenty (20) years imprisonment. His appeal to the High Court (R.N. Nambuye, J. as she then was) against conviction was dismissed. With regard to sentence, the learned Judge found that as the complainant was aged ten years, the sentence of 20 years imprisonment imposed upon the appellant was illegal. She therefore revised the same under sec…