JUDGMENT OF THE COURT
This is a second appeal arising from the Judgment of B. Thuranira Jaden, J dated the 29th day of January, 2015, vide which the learned Judge dismissed the appellant’s appeal against both the conviction and sentence handed out against him by the chief magistrate’s court at Kitui (B.M. Kimemia) (S.M.), on the 4th day of April, 2012, for the offence of defilement contrary to section 8(1) (3) Sexual Offences Act No.3/2006. The particulars of the offence were that the appellant Joseph Kakei Kiswili (the appellant), on diverse dates between 19th and 31st July, 2010 at an unknown time at [particulars withheld] in Kitui District of the Eastern Province ( as it was then known) intentionally penetrated with his penis the vagina of MK a child aged 13 years. The appellant denied the charge provoking a trial in which the prosecution called five (5) witnesses in support of the case, while the appellant who gave sworn evidence was the sole witness for his defence.
The background …