JUDGMENT OF THE COURT
[1] Peter Bukalati Simiyu the appellant herein was tried and convicted by the Senior Resident Magistrate’s court at Githunguri for the offence of rape contrary to section 3(1) (b) as read with section 3 of the Sexual Offences Act, No. 3 of 2006. He was alleged to have intentionally and unlawfully committed an act which caused penetration of the vagina of ANJ. Following his conviction, he was sentenced to serve life imprisonment. The appellant who was aggrieved by his conviction and sentence appealed to the High Court. Upon hearing his appeal, the High Court (Mbogholi Msagha, J) upheld the judgment of the magistrate’s court and dismissed the appeal.
[2] The appellant is now before us in this second appeal in which he has raised seven grounds. He faults the High Court for: upholding his conviction when the charge against him was bad for duplicity; basing his conviction on evidence of blood grouping which was inconclusive; failing to find that he was not properly iden…