JUDGMENT
The appellant, John Gacoki Nzilu was charged with the offence of defilement contrary to section 8(1) as read with section 8(2) of the Sexual Offences Act. The particulars were that on the 15th March, 2014 in Kisauni Sub-County within Mombasa County, he intentionally caused his penis to penetrate the vagina of HS (name withheld), a child aged 1 year and 9 months.
There was an alternative charge of committing an indecent act with a child contrary to section 11(1) of the Sexual Offences Act No.3 of 2016. The particulars of the alternative charge were that on the 15th March, 2014, at the same place, he intentionally touched the vagina of HS.
The appellant denied the charges and in a judgment rendered on 28th October, 2016, Hon. A. Ndungu, the then Resident Magistrate, Shanzu Law Courts found him guilty of the main count. The appellant was sentenced to serve life imprisonment.
Undeterred, the appellant filed an appeal against conviction and sentence at the High Court of Kenya at Momba…