JUDGMENT OF THE COURT
The appellant, Makio Musya, was convicted of unnatural offence contrary to section 162(a) of the Penal Code and sentenced to 14 years imprisonment plus 8 strokes of the cane. His first appeal to the High Court of Kenya at Mombasa upheld the conviction but reduced the sentence to 8 years imprisonment. This is therefore a second appeal.
The appellant was employed by the family of the complainant as a houseboy. On the material day F.H (PW2), the mother of the complainant, was at home and she observed that the complainant who was aged 11 years at the time was walking with a lot of difficulty. She called him and asked him about it. The complainant, though slightly mentally retarded, narrated to her in detail how the appellant had sodomised him on more than five occasions between May, 1999 and 25th November, 1999.
A medical examination carried out on the complainant by Dr. Michael Mwita of the Coast General Hospital revealed that the muscles of the anal region had been si…