JUDGMENT OF THE COURT
This is a second and last appeal. The appellant, Mark Wanjala Wanyama, was charged in the subordinate court with the offence of defilement of a girl contrary to section 145(1) of the Penal Code. The particulars of the offence were:
“Between the nights of 15th and 16th November, 2003 at H[particulars withheld]Farm in Trans-Nzoia District within the Rift Valley Province, unlawfully had carnal knowledge of WN, a girl under the age of sixteen years.”
He pleaded not guilty but after full hearing, the learned Senior Principal Magistrate (H.I. Ong’undi) found him guilty as charged, convicted him and sentenced him to life imprisonment. He was not satisfied with that conviction and sentence and so he appealed to the superior court against both conviction and sentence. That appeal was heard by a single Judge of the superior court (W. Karanja J.) who after hearing it, dismissed the appeal on conviction but sustained the appeal on sentence and reduced the sentence to that of im…