Judgment
This judgment is on a second appeal by KGK (“the Appellant”), challenging the dismissal by the High Court of his first appeal against his conviction for the offence of defilement and sentence of 20 years’ imprisonment that had been imposed by the Senior Principal Magistrate’s Court at Kilifi (hereinafter ‘the trial Court’). The particulars of the offence were that on diverse dates between September 1, 2013 and October 22, 2013 in Chasimba sub-location, Chasimba Location within Kilifi County, the Appellant intentionally and unlawfully caused his penis to penetrate the vagina of LG, a juvenile aged 12 years old. The Appellant entered a plea of not guilty in the trial Court, whereupon the prosecution called five (5) witnesses to testify in support of its case, while the Appellant gave sworn testimony and did not call any witnesses. The trial Court thereupon convicted the Appellant, having found that the prosecution had proved its case beyond reasonable doubt.
The Appellant was agg…