Judgment
This is a second appeal by Timothy Kimwetich Kangogo (the appellant) against his conviction and sentence. The appellant was convicted for the offence of defilement contrary to Section 8(1) as read with section 8(3) of the Sexual Offences Act by J Owiti, Resident Magistrate, in Eldoret Chief Magistrate’s Court Criminal Case No 6317 of 2009. His first appeal was dismissed by Mativo, J (as he then was) who upheld both the conviction and sentence as issued by the trial court.
The appellant is now before us faulting the judgment of the first appellate court on the grounds that the learned judge erred in law by relying on the unsworn testimony of PW4; that the learned judge erred in law by failing to note that the case was not proved beyond reasonable doubt; and, that the learned judge erred in law when he ignored the fact that an important witness was not called to testify. In his written submissions the appellant complained of non-compliance with section 200 of the Criminal Procedu…