DAVID KAHURA WANGARI V. REPUBLIC

JUDGMENT OF THE COURT

[1] This is a second appeal by David Kahura Wangara (appellant) against the judgment of the High Court Nairobi (Mbogholi J) dated 3^rd October, 2013. The appellant was charged with the offence of defilement of a child contrary to Section 8 (1) (2) of the Sexual Offences Act. The particulars of the charge stated that on the 29^th day of July, 2010, at [particulars withheld] area of Ruiru District within Central Province, intentionally and unlawfully committed an act which caused penetration to the genital organs of D. M. (name withheld) a boy child aged ten years. The appellant was also charged with an alternative count of indecent assault but that is now inconsequential as he was convicted of the main charge and sentenced to imprisonment for a term of 15 years.

[2] The appellant appealed before the High Court against the conviction and sentence. His appeal was not only dismissed; but the 15 year sentence imposed by the trial court was set aside and substituted with l…