Judgment
This a second appeal that was lodged herein by the appellant who is in person, against the judgment delivered on 27th September 2018 by the High Court at Malindi (Hon. W. Korir, J.) in Criminal Appeal No. 36 of 2017. The Appellant had on 29th June 2015 been charged before the Chief Magistrates court at Malindi with one count of defilement contrary to Section 8(1) as read with Section 8 (2) of the Sexual Offences Act (hereinafter SOA). He faced an alternative count of committing an indecent act with a child contrary to Section 11(1) of the SOA.
The appellant pleaded not guilty to the charges. The prosecution called four witnesses and not five as the trial court record shows. We note from the judgment of the High Court that the Judge dealt with the discrepancy in numbering of witnesses by virtue of the case having by started by one Magistrate and concluded by another.
The facts of the prosecution case were that on the 5th May 2014, the victim, PW2 was playing outside their home wi…