JUDGMENT OF THE COURT
[1] The appellant, Musee Wambua, is dissatisfied with the judgment of the High Court in which the learned Judge (Thuranira-Jaden, J.) dismissed his appeal against conviction and sentence for the offence of defilement contrary to section 8(1) as read with section 8(2) of the Sexual Offences Act.
[2] The appellant was charged and tried before the Senior Principal Magistrates court at Kitui. It was alleged that he intentionally and unlawfully caused his penis to penetrate the vagina of ML (name withheld), a child aged seven years.
[3] Five witnesses testified for the prosecution during the trial. The evidence was that the complainant, who is aged seven years old, was living with her grandmother, JMN
(J) and MM(M), J’s 13 year old daughter. On 23rd March 2011, M was washing ML when she noticed that her private parts were swollen. She asked her what had happened and ML explained that the appellant whose house was about 20 metres away, had two days earlier taken her to his…