JUDGMENT OF THE COURT
The appellant, Morris Mutie Thomas, has preferred this second appeal in a bid to overturn his conviction and sentence of life imprisonment by the Principal Magistrates Court, Taveta for the offence of defilement contrary to section 8(1) as read with section 8(2) of the Sexual Offences Act. The conviction and sentence was upheld by the High Court (Muya, J.) in the appellant’s first appeal.
The particulars of the offence stated that on 14th February 2013, at 7.30 pm at [particulars withheld] Village, Taita Taveta County the appellant intentionally caused his penis to penetrate the vagina of SJ, a child aged seven years. He also faced an alternative charge of indecent assault of a female contrary to section 11(1) of the same Act.
The prosecution case was that on the material day and time, SJ, a class one pupil aged 7 years and her younger brother were sleeping in their single room house at [particulars withheld], which was lit by electric lights. Their parents were not…