JUDGMENT OF THE COURT
[1] The appellant was convicted by the Resident Magistrate’s Court, Kitale for the offence of defilement of a child contrary to section 8(3) of the Sexual Offences Act. He was sentenced to serve twenty years imprisonment. His appeal to the High Court against conviction and sentence was dismissed. He now appeals against the judgment of the High Court.
[2] The particulars of charge against the appellant alleged that on diverse days between April, 2012 and 9th September, 2012 he defiled NM (name withheld), a child aged 15 years (complainant).
[3] The complainant (PW1) testified at the trial, that she was a standard six primary school pupil; that she was born in March, 1997; that she had sex with the appellant who was her boyfriend repeatedly; that the appellant was a neighbour; that her mother discovered the relationship and took her to hospital where it was discovered that she was pregnant.
[4] JW (PW2) (name withheld) who is the complainant’s mother, testified at the …