JUDGMENT OF THE COURT
1. The appellant and two others were arraigned before the Principal Magistrate’s Court at Kilifi, each charged with the offence of gang rape contrary to section 10 of the Sexual Offences Act. The particulars of the offence were that on 26th December, 2013 at around 1.00 a.m. in Ganze District within Kilifi County, having common intention, in association with two others, intentionally caused his penis to penetrate the vagina of JKK (the complainant), aged 13 years, without her consent. The appellant was also charged with assault causing actual bodily harm to LK (PW2) contrary to section 251 of the Penal Code.
2. The trial court found that it was only the appellant who had sex with the complainant and consequently substituted the offence of gang rape with that of defilement. The appellant was accordingly convicted of the said offence and sentenced to 20 years’ imprisonment. He was also sentenced to 6 months’ imprisonment for the offence of assault but the sentences w…