Judgment
This a second appeal by the appellant, KKM. He is aggrieved by the judgement of the High Court (S Chitembwe, J) delivered on February 6, 2017, dismissing his appeal against a judgment of the Chief Magistrate’s Court at Malindi delivered on March 17, 2015, in which he was found guilty and convicted for the offence of defilement contrary to section 8(1) as read with section 8 (2) of the Sexual Offences Act and sentenced to life imprisonment. The particulars of the offence were that on August 11, 2012, at [Particulars Withheld] village, [particulars Withheld] Location in Malindi District within Kilifi County, the appellant intentionally and unlawfully caused his penis to penetrate the vagina of MN, a girl aged 3 years 7months.
His complaints in the present appeal as set out in his memorandum of appeal and amended supplementary grounds of appeal are that the Judge failed to consider that the prosecution did not prove its case; that the Judge did not consider that the medical eviden…