JUDGMENT OF THE COURT
The appellant was charged with the offence of defilement contrary to section 8(1)(3) of the Sexual Offences Act, and in the alternative with indecent act with a child contrary to section 11(1) of the Sexual Offences Act. The trial court found him guilty of the main count and after conviction sentenced him to 25 years’ imprisonment.
Aggrieved by this decision, he lodged his first appeal on both conviction and sentence arguing, inter alia that: the charge sheet was defective; the ingredients of the charge were not proved beyond reasonable doubt; his defence was not considered; that the age of the complainant was not proved; there was failure to conduct a voir dire on PW2 and; the prosecution evidence was circumstantial and uncorroborated.
The respondent conceded to the appeal and like the appellant, prayed that the appeal be allowed.
Ngenye, J, upon re-evaluating the evidence, as she was bound to, and considering the submissions including the concession by the respond…