JUDGMENT
The appellant, Tsuma Lalo, was charged with the offence of defilement of a girl contrary to Section 8(1) of the Sexual Offences Act. The particulars of the offence being that on diverse dates between 1st September 2014 and 30th September 2014 within Taita Taveta County, intentionally and unlawfully caused his male organ (penis) to penetrate the female organ (vagina) of MRK a child aged 15 years. He was tried before the Magistrate’s Court at Voi; convicted and sentenced to serve 20 years jail term. His appeal to the High Court was dismissed on 20th June 2017. This is his second appeal.
In her testimony MRK (PW1) recalled that on Friday 13th September 2014, the appellant, to whom she referred by the name Omar and also indicated that he is also known as Tsuma Lalo, had gone to their house at [Particulars Withheld] with a vehicle; that at the invitation of the appellant, she, her brother A and two others (B and J) drove up to View Point Club; that on the way back home, MRK’s brothe…