JUDGMENT OF THE COURT
This is a second appeal from the original conviction and sentence of the appellant, Joshua Ouma Othao, by the acting Principal Magistrate, Migori, in Criminal Case No. 16 of 2012. The charge that was laid against the appellant was that of defilement contrary to Section 8(1) (2) of the Sexual Offences Act No. 3 of 2006 particulars being that between the nights of 3rd and 4th January, 2012 at a place named in the charge sheet he intentionally caused his penis to penetrate the vagina of “SA”, a child aged 11 years. There was an alternative charge of committing an indecent act with a child contrary to Section 11(1) of the said Act particulars being that on the said night and at the said place he intentionally touched the vagina of the said child aged 11 years with his penis.
Being a second appeal our mandate is restricted by Section 361(1) (a) Criminal Procedure Code to dealing only with issues of law but not delve into matters of fact that have been considered by the …