JUDGMENT OF THE COURT
This is a second appeal from a conviction and sentence to life imprisonment imposed on MUTUA KIVAYA NTHENGE, the appellant, for the offence of defilement contrary to Section 8(1) (2) of the Sexual Offences Act No. 3 of 2006 with the alternative charge of indecent acts to a child contrary to Section 11(1) of the Sexual Offences Act.
The brief facts are that, on 29th February 2008, while the complainant, JKM a minor aged 7 years was returning home from school at about 1 pm, she met with the appellant who was carrying a panga. He told her that he wanted to send her, but instead, got hold of her, took her into a trench and defiled her. He threatened to kill her if she reported the matter.
The next day the complainant’s mother, Wayua (PW2) noticed that the complainant was unwell, and bought her some medication. On 3rd March 2008 she took her to Mbembani dispensary where the complainant was treated for a urinary tract infection. It was on 10th March 2008, when PW2 noticed…