JUDGMENT OF THE COURT
The appellant PETER KARANJA NJOROGE was charged, tried and convicted before the Chief Magistrate’s Court at Kibera on a charge of defilement contrary to Section 8(1) as read with Subsection (4) of the Sexual Offences Act, No. 3 of 2006. The particulars of the charge were that on the 12th day of April 2008 at Dagoretti Market within Nairobi Area Province, he had carnal knowledge of JWK a girl of seventeen years. After hearing the appellant’s mitigation and the prosecution’s brief address, the learned trial Magistrate sentenced the appellant to 23 years imprisonment.
Disgruntled by that conviction and sentence, the appellant preferred a first appeal against both to the High Court. That appeal was heard by L. A. Achode J who, by a judgment delivered on 21st December 2012, found it to be devoid of merit and dismissed it. That provoked the present appeal in which the appellant by a Memorandum of Appeal filed on 14th May 2013 complains that the learned Judge erred by; fa…