JUDGMENT OF THE COURT
1. The appellant, Wesley Kiprono Mutai was charged with the offence of defilement of a girl under section 8(1) and (2) of the Sexual Offences Act.
The particulars were that on 15th April 2008 at Mathare North area in Kasarani Division, Nairobi he defiled JM a girl aged 5 years. He was also charged with two additional counts of sexual assault contrary to section 5(1) as read with section 5(2) of the Sexual Offences Act. There was also an alternative charge of indecent act with a child contrary to section 11 of the Sexual Offences Act. After a trial conducted before the magistrate’s court at Makadara, Nairobi the appellant was convicted for the offence of defilement of a girl under section 8(1) and (2) of the Sexual Offences Act and sentenced to serve a life imprisonment.
2. The appellant appealed against the conviction and sentence to the High Court on grounds that; the offence of defilement contrary to section 8(1) and (2) of the Sexual Offences Act No. 3 of 2006 wa…