MESHACK WANGILA V. REPUBLIC

JUDGMENT OF THE COURT

[1] This is an appeal arising from the judgment of the High court, (J.R Karanja, J) dismissing the appellant’s first appeal, against his conviction and sentence, for the offence of defilement contrary to section 8(1) as read with section 8(2) of the Sexual Offences Act No. 3 of 2006. The appellant had appealed to the High Court against the judgment of the Senior Principal Magistrate’s Court at Kitale.

[2] Being aggrieved by the dismissal of his appeal, the appellant has now brought this second appeal before us. The appellant has raised five grounds contending that the learned Judge of the High Court erred in law in not finding that the charge sheet was defective and tampered with by the prosecution, in not finding that the medical evidence was below the standard required to prove penetration as an element of defilement; in not finding that the alleged exhibits were obtained through fraud and their authenticity was questionable; in failing to note that the age of th…