JUDGMENT OF THE COURT
In this second appeal, P M M, the appellant, was charged with the offence of incest contrary to section 20 (1) of the Sexual Offences Act, 2006. The particulars of the offence are that on the 6th September 2011 at 1.00 p.m at Lower Yatta District within Kitui, being a male person, he caused his penis to penetrate the vagina of CMN a female person aged 14 years who was to his knowledge his granddaughter.
In the alternative, he was charged with committing an indecent act with a child contrary to section 11 (1) of the Sexual Offences Act No 3 of 2006. The particulars were that on 6th September 2011 at 1.00 p.m within Kitui County, he willfully and unlawfully had an act of indecency with CMN a girl aged 14 years by touching her private parts namely her vagina.
The appellant pleaded guilty to the main count as read and was convicted and sentenced by the trial court to serve twenty (20) years imprisonment. Aggrieved by that decision, the appellant appealed to the High Cou…