JUDGMENT
SYM (the appellant) was charged at the Senior Resident Magistrate’s Court in Taveta with the offence of incest contrary to Section 20(1) of the Sexual Offences Act that on diverse dates between 20th January, 2014 and 30th January, 2014 at unknown times at [Particulars Withheld] Estate within Taita-Taveta County he unlawfully and intentionally touched the vagina of SSH (name withheld) with his penis who was to his knowledge his daughter aged 16 years.
The prosecution called five (5) witnesses. The appellant was placed on his defence and gave unsworn evidence and called one (1) witness. On 18th November 2015, the trial court delivered a judgment, found that the prosecution had proved its case beyond reasonable doubt and convicted the appellant. He was sentenced to 30 years’ imprisonment.
The appellant was dissatisfied with the judgment and appealed to the High Court. The 1st appeal was heard through written submissions and on 13th December 2016 (J. Kamau, J.) delivered a judgment …