JUDGMENT OF THE COURT
Background
[1] Antony Musasha Lubanga, (the appellant) is before us in this second appeal in which he challenges the dismissal of his first appeal by the High Court (Mabeya, J.). The appellant was first tried in the Senior Resident Magistrate’s Court at Webuye (Hon. Arika) for the offence of defilement contrary to section 8(1) as read with section 8(2) of the Sexual Offences Act. The appellant was convicted and sentenced to life imprisonment for the main offence of defilement. Dissatisfied with that decision, the appellant moved the High Court at Bungoma in Criminal Appeal No. 93 of 2008 and the Court quashed his conviction and sentence and ordered a retrial of the case by a different Magistrate. The appellant was then retried in the same Court (Hon. Ombewa) and was convicted and sentenced to life imprisonment for the offence of defilement.
[2] The particulars of the offence were that on 20th January 2008 at [particulars withheld] Village, Ndalu Location in Bungoma …