JUDGMENT OF THE COURT
OBEDI KILONZO KEVEVO, the appellant, was charged before the Principal Magistrate,Mr. M. O. Kizito sitting at Makindu, for defilement of a girl aged (13) thirteen years contrary to Section 8 (1) as read with Section 8(3) of the Sexual Offences Act 2006 .
The particulars of the offence are that on the 10th Day of February 2013 at [particulars withheld] Village, Kibwezi District within the Makueni County intentionally and unlawfully caused his male organ namely penis to penetrate the vagina of M M, a child aged 13 years.
The appellant pleaded guilty to the charge and was convicted and sentenced to twenty years imprisonment on his own plea of guilty. His first appeal against sentence was dismissed by the High Court of Kenya at Machakos (L.N. Mutende, J) on 27th May, 2014 and hence this second and possibly the final appeal.
Aggrieved by the decision of the High Court , the appellant filed a home grown memorandum of appeal raising five (5) grounds of appeal which can be cr…