JUDGMENT
The appellant was charged before the Principal Magistrate’s court at Baricho with the offence of defilement contrary to Section 8 (1) (3) of the Sexual Offences Act. The particulars were that on the night of 2nd and 3rd May, 2013 at [Particulars Withheld] Township within Kirinyaga County he intentionally and unlawfully caused his penis to penetrate the vagina of GKN, a child aged 15 years. There was an alternative charge of committing an indecent act with a child contrary to Section 11 (1) of the Sexual Offences Act. The particulars were that on the same dates, at the same location he intentionally touched the buttocks, breasts and vagina of GKN, a child aged 15 years with his penis.
The appellant denied the offences but following a full trial he was convicted of the main charge and sentenced to 20 years’ imprisonment. He appealed to the High Court and in a Judgment dated September 20, 2016his appeal against conviction was dismissed but the sentence was reduced to 15 years’ imp…