JUDGMENT OF THE COURT
1. The appellant, Peter Omondi Juma, was charged with the offence of defilement contrary to Section 8(1)(3) of the Sexual Offences Act. The particulars of the offence were that on 6th June 2013 at Siranga sub-location in Ugenya District within Siaya County, intentionally caused his penis to penetrate the vagina of RAL, a child aged 14 years. He was tried before the Magistrate’s court at Ukwala and convicted in a judgment delivered on 4th August 2014. He was sentenced to imprisonment for a term of 20 years.
2. He appealed to the High Court at Kisumu against the conviction and sentence. That appeal was dismissed in a judgment delivered in April 2015. This, therefore, is his second appeal which, because of Section 361 of the Criminal Procedure Code, must be confined to matters of law. See Chemangong v. Republic [1984] KLR 611 and Karingo v. R (1982) KLR 213.
3. The substance of the appellant’s complaints is that the offence of defilement was not proved to the required …