JUDGEMENT OF THE COURT
[1] This is an appeal from the Judgment of the High Court, (J. R. Karanja, J.) dismissing the appellant’s appeal against conviction and sentence.
[2] The appellant was charged with the offence of defilement contrary to section 8(1) as read with section 8(2) of the Sexual Offfences Act. He was also charged with an alternative charge of committing an indecent act contrary to section 11 (1) of the Sexual Offences Act. The trial magistrate convicted the appellant of both offences and sentenced him to life imprisonment in the 1st count. He was not sentenced in respect to 2nd count but the trial magistrate ordered that the sentence to remain in abeyance. As the High Court correctly found it was erroneous to convict the appellant on both the main and alternative count.
[3] The appellant was alleged to have defiled a child aged 10 years on 3rd December, 2011. The child testified at the trial as follows. She was a school girl aged 11 years. On 3rd December, 2015 at about 5p…