JUDGMENT OF THE COURT
[1] Mathews Otieno Obongo (hereinafter referred to as the appellant) was tried, convicted and sentenced to life imprisonment by the Senior Principal Magistrate Court at Nyando for the offence of defilement contrary to section 8(1) of the Sexual Offences Act No. 3 of 2006. It was alleged that he had defiled MA (name withheld) a child aged 9 years. His appeal against conviction and sentence was dismissed by the High Court at Kisumu (Chemitei, J).
[2] Being aggrieved, he has now lodged this appeal before us in which he has raised four grounds, contending that the learned Judge erred in upholding the judgment of the trial court even though the prosecution evidence was marred with inconsistencies and did not meet the standard of proof required. In addition, the appellant faulted the learned Judge in failing to find that the evidence did not support the charge against him; and in upholding a sentence that was excessive, harsh, unconstitutional and unlawful.
[3] The trial …