JUDGMENT OF THE COURT
1. This is A second appeal by Sospeter Wanjau Wangui (appellant) who was convicted and sentenced to life imprisonment for the offence of defilement contrary to the provisions of section 8(1) as read with section 8(2) of the Sexual Offences Act before the Chief Magistrates’ Court at Kibera.
2. The particulars of the offence were that on the 13th day of October 2010 at Dagoreti Corner in Riruta within Nairobi Area Province, the appellant intentionally and unlawfully committed an indecent act by inserting his genital organ (penis) into the male genital organ (anus) of IM, a child aged 9 years against the order of nature.
3. The brief facts giving rise to this appeal are that on the material date, PW1 (the complainant), a boy aged 9 years old, was at his mother’s friend’s house, Maria (PW3), at about 8.00 p.m. when he suddenly heard someone shout “Maria, open this door or I break it .” The assailant made good his threat and broke the wooden window and managed to get int…