JUDGMENT OF THE COURT
The appellant B.K, (herein referred to as the appellant) , was tried and convicted by a Senior Resident Magistrate Kisii on a charge of rape contrary to section 144(1) of the Penal Code (Cap 63) Laws of Kenya.
The particulars of the charge alleged thus:-
"B.K on the 21st day of June 1998 at [particulars withheld] in Nyamira District within Nyanza Province had carnal knowledge of E.G.A without her consent."
There was also an alternative count of indecent assault of a minor Contrary To Section 144(1) of the Penal Code Cap.63 Laws of Kenya. However, no finding was made on this, the appellant having been found guilty on the main count of rape aforementioned.
Upon his conviction, the appellant was sentenced to a term of 10 years imprisonment with ten strokes of the cane by the trial Magistrate.
Following conviction and sentence the appellant brought his first appeal to the High Court Kisii which, on 15th October, 1999 dismissed the appeal and confirmed conviction and the a…