JUDGMENT OF THE COURT
1. The appellant was charged with the offence of defilement contrary to section 8 (1) as read with section 8 (3) of the Sexual Offences Act. The particulars of the offence were that on the 23rd day of January, 2011, at [Particulars Withheld] Estate in Koibatek District, within Baringo County, he committed an act which caused penetration of his penis into the vagina of M W C, a child aged 13 years. The appellant also faced an alternative charge of indecent act with the same child contrary to Section 11 (1) of Sexual Offences Act.
2. After a full trial before the Senior Resident Magistrate’s Court at Eldama-Ravine, the appellant was convicted on the main charge and sentenced to 20 years’ imprisonment. The appellant’s first appeal to the High Court was partially successful in that the court held that he was guilty of committing an indecent act with the child and imposed a sentence of 15 years’ imprisonment.
3. Being aggrieved by that finding, the appellant preferred a …