JUDGMENT OF THE COURT
Background
[1] Stephen Kiprop Kipsang, (the appellant) is before us in this second appeal in which he challenges the dismissal of his first appeal by the High Court (Kimondo, J.). The appellant was tried and convicted in the Principal Magistrate’s Court at Kapsabet for the offence of defilement contrary to section 8(1) as read with section 8(2) of the Sexual Offences Act.
[2] The particulars of the offence were that on 1st July, 2012 in Nandi County, he intentionally and unlawfully did cause his penis to come into contact with the vagina of BC (name withheld) a girl aged 5 years in violation of the said Act.
[3] During the trial, the prosecution called five (5) witnesses including the minor complainant (the complainant), her mother WT (W), Moses Rotich (Moses) the clinical officer at Meteitei – Sub District Hospital, the arresting officer APC Patrick Okumu (Patrick), and Corporal Mike Wachira (Wachira) who was the Investigating Officer.
[4] The evidence was that the c…