<p class="ql-align-center">JUDGMENT OF THE COURT</p><p class="ql-align-justify">Mbithi Musangi, hereinafter referred to as the appellant, was charged and convicted of the offence of attempted defilement contrary to section 9 (2) of the Sexual Offences Act. The particulars of that offence were that on the 21^st February 2009, he unlawfully and intentionally attempted to have carnal knowledge of M.M.M., a child of 11 years. Upon his conviction, the trial court sentenced him to serve twelve years imprisonment.</p><p class="ql-align-justify">The appellant was aggrieved with the conviction and the sentence imposed on him by the trial court, so he presented a first appeal to the High Court. In that appeal, he faulted the charge sheet for being defective, he alleged that vital witnesses were not called and that the trial court failed to consider his defence. The High Court re-evaluated the evidence afresh, and upheld the conviction and sentence.</p><p class="ql-align-justify">The appellant now brings this second appeal in which he challenges the severity of the sentence imposed upon him. He contends that the sent…</p>