ISAAC GITHINJI MWANGI V. REPUBLIC

JUDGMENT OF THE COURT

1. This is a second appeal by Isaac Githinji Mwangi, (the appellant), against his conviction and sentence for the offence of defilement contrary to section 8

(1) and (2) of the Sexual Offences Act No. 3 of 2006 Laws of Kenya. The particulars of the charge against the appellant were that on the 20^th March, 2008 at Korogocho slums in Nairobi within Nairobi Area Province; he unlawfully and intentionally committed an act which caused the penetration of his male genital organ into the female genital organ of M N, a child of 10 years. It is on the basis of the above particulars and the evidence on record that the trial court convicted and sentenced the appellant to life imprisonment. Subsequently, the first appellate court confirmed the conviction and sentence.

2. The appeal now before us is premised on the grounds that the learned Judge erred in law by:-

“(a) Upholding the appellant’s conviction which was based on a defective charge sheet.

b. Confirming the appellant’s con…