JUDGMENT OF THE COURT
On 9th January, 2015, the appellant, Johnson Ogega Makori, was tried and found guilty of the offence of defilement contrary to section 8(1) as read with section 8 (3) of the Sexual Offences Act. He was convicted and sentenced to twenty (20) years imprisonment. In the charge sheet, it was alleged that on 15th May, 2014, the appellant had carnal knowledge of DAO, a child aged 14 years.
Dissatisfied with the conviction and sentence of the trial court, the appellant filed an appeal to the High Court of Kenya at Homa Bay which was dismissed on 26th August, 2018 by Majanja, J. Undeterred, the appellant filed the instant appeal before us.
In an undated Memorandum of Appeal, the appellant raised five (5) grounds of appeal. These were that:
(i) the age of the minor was not proved;
(ii) penetration was not proved;
(iii) the medical evidence was insufficient;
(iv) Section 169 of the Criminal Procedure Code was not complied with and finally, that
(v) the appellant’s defence was not …