JUDGMENT OF THE COURT
This is a second appeal by SAMWEL KIBERENGE, hereinafter referred to as the appellant, from a conviction and sentence of life imprisonment for defilement of a girl contrary to section 8 (1) (2) of the Sexual Offences Act No. 3 of 2006. The conviction was upheld and sentence enhanced from thirty (30) years imprisonment to life imprisonment by the learned judge of the High Court [Muchemi, J], sitting as the first appellate court. The appeal originates from a trial in the Senior Resident Magistrate’s Court [Sogomo, RM] where the appellant was charged with defilement of a girl as explained above.
The particulars are that on the 25th day of August, 2008 at [particulars withheld] in Bungoma District within the Western Province, the appellant unlawfully committed an act of penetration against NNM a girl aged ten [10] years.
The appellant was also charged with an alternative offence of indecent act with a child contrary to section 11 (1) of the Sexual Offences Act No. 3 of …