JUDGMENT
Background
PK (the appellant), has preferred this second appeal against the judgment of the High Court at Eldoret (Kimondo, J.) dated 19th February, 2015, in which his appeal against conviction and sentence by the Principal Magistrate’s Court at Kabarnet for the offence of incest contrary to Section 20 (1) of the Sexual Offences Act was dismissed.
The particulars of the offence with which the appellant was charged were that on 26th June, 2011 in Marigat District Baringo County, he caused his penis to penetrate the vagina of JC (name withheld), a girl aged 11 years whom he knew to be his daughter.
The appellant denied the charge after which a trial ensued. In a judgment delivered on 19th October, 2011, the Principal Magistrate at Kabarnet convicted the appellant of the charge and sentenced him to life imprisonment.
Aggrieved with both the conviction and sentence, the appellant moved to the High Court on appeal and the learned Judge found the appeal lacking in merit and dismissed th…