JUDGMENT OF THE COURT
[1] This is an appeal arising from the judgment of the High court, (J.R. Karanja, J) dismissing the appellant’s appeal, against his conviction and sentence by the Principal Magistrate’s Court at Kapenguria. The appellant had been tried and convicted by the trial court for the offence of defilement contrary to section 8 (1)&(2) of the Sexual Offences Act No. 3 of 2006. The particulars of the offence were that on 19th September, 2010 in West Pokot County he caused his penis to penetrate the anus of CC (name withheld), a child aged 6 years.
[2] During the trial, CC, a girl aged 6 years testified and explained how the appellant whom she knew before, took her to the toilet and put his penis inside her vagina. She felt pain and screamed. Her mother SL (S), who had stepped out of the house to go for a short call, heard her screaming and ran back to the house. She saw the appellant jump over the fence and run away. CC was taken to Kapenguria District Hospital where she was…