JUDGMENT OF THE COURT
[1] The appellant was convicted by the Senior Resident Magistrate, Kapsabet for two offences namely, in count 1 – Defilement in violation of section 8(1) as read with section 8(3) of the Sexual Offences Act and in count 2 – attempted defilement contrary to section 9(1) (2) of the Sexual Offences Act. He was sentenced to 30 years imprisonment and 20 years imprisonment respectively. He appealed to the High Court at Eldoret against the conviction and sentence. The appeal against conviction was dismissed in both counts. However, his appeal against sentence partially succeeded. The sentence of 30 years imprisonment in count 1 was reduced to 20 years imprisonment. The sentence of 20 years imprisonment in count 2 was also reduced to 10 years imprisonment. The sentences were ordered to run concurrently. He now appeals against the judgment of the High Court against the conviction and sentence.
[2] The particulars of the offence in count 1 stated in essence that on 6th Octob…