JUDGMENT OF THE COURT
1. This is a second appeal by the appellant herein arising from his conviction and sentence by the Magistrates Court sitting in Kiambu (Mrs. C.C. Oluoch, PM), which was upheld by the High Court on first appeal.
2. A brief background of the case is necessary to place this appeal in perspective. The appellant is a cousin to the victim herein who we shall refer to as SN On 4th September, 2012 SN (PW2), a 31⁄2 year old girl was playing with her mates outside the appellant’s house when the appellant called her to his house, defiled her and warned her against telling anyone. Her grandmother, JN, (PW1) spotted SN as she entered the compound from the appellant’s house and observed that the child had a mucus-like substance on her thighs and upon questioning and examining her, she established that she had been defiled by the appellant. Consequently, she filed a report at Kiambu Police Station where she and S.N recorded their statements and the child was referred to Kiambu Di…