Judgment
The appellant, Ali Ndunge Samuel, was charged with the offence of defilement contrary to section (8)(1) as read with section (8)(2) of the Sexual Offences Act, 2006. The particulars of the offence were that on July 12, 2018 in Malindi sub- county of Kilifi county, he intentionally and unlawfully caused his penis to penetrate into the anus of a male juvenile FOA, a boy aged 11 years. He was convicted by the Chief Magistrate’s Court at Malindi in a judgment delivered on September 27, 2018 and sentenced to life imprisonment. His appeal to the High Court (Mativo, J, as he then was) was dismissed in a judgment delivered on January 13, 2020. He is before this court on a second appeal.
The facts as established by the two courts below are as follows: FOA, then an 11-year-old boy in standard 3 at [Particulars Witheld] Primary School had on July 12, 2018 attended Madrasa school at [Particulars Witheld]. The appellant was also a student at the Madrasa. FOA, the appellant and other student…