JUDGMENT
In this second appeal, Simon Loriwo challenges a conviction entered and sentence handed down by Hon. Machage in criminal case number 1680 of 2015 and upheld by the High Court at Kapenguria for the offence of defilement contrary to section 8(1) of the Sexual Offences Act.
At trial, the narrative of the prosecution case was that on the afternoon of 23rd September, 2015, LE (PW2) puts the time to be about 6.00p.m., the complainant was at her home when the appellant visited and asked her for water. She obliged. In a twist of events, the appellant fell on the young girl, removed her clothes and his as well. He inserted his penis into her vagina. As he did so PW2, who sought to shelter in the house, opened the door and found the accused lying on the complainant. The appellant rose up in haste, pulled up his lowered trouser and zipped up. He then took to his heels. News of the defilement got to the mother of the complainant and eventually to LA (PW3), the father of the complainant, wh…