JUDGMENT OF THE COURT
1. The appellant, Paul Ngei, was arraigned and charged before the Chief Magistrate’s court with the offence of defilement contrary to Section 8 (1) and (2) of the Sexual Offences Act. The particulars were that on 29th May 2010 in Kakamega Central District within Western Province he unlawfully and intentionally inserted his genital organ namely penis into the vagina of MO a girl aged 12 years. He faced a second count of indecent act with a girl MO contrary to Section 11 (6) of the Sexual Offences Act.
2. Upon hearing the prosecution and defence case, since the appellant denied the offence, the trial magistrate on 9th May 2013 convicted the appellant and sentenced him to twenty (20) years imprisonment. His appeal to the High Court against conviction and sentence was dismissed. He has lodged the instant second appeal against sentence only.
3. The prosecution case was founded amongst others, on the testimony of the complainant MO as PW1. After a voire dire examination, …