<p class="ql-align-justify">JUDGMENT OF THE COURT</p><p class="ql-align-justify">Nelson Njururi Ireri was charged with defilement contrary to Section 8 (1) and (2) of the Sexual Offences Act No. 3 of 2006. The Information is that on 8^th July 2007 in Nyeri District within the then Central Province, the appellant did an act of penetration of defilement to TWN, a girl under the age of 11 years. He pleaded not guilty to the offence and was tried, convicted and sentenced to life imprisonment. His appeal to the High Court was dismissed and this is a second appeal.</p><p class="ql-align-justify">In a home-made memorandum, the appellant cites three grounds of appeal:</p><p class="ql-align-justify"><em>That honourable Judge erred in law in upholding the verdict of the trial magistrate and failing to find that his constitutional rights under Section 72 (3) of the old constitution were violated as he was held in cells for 16 days prior to being arraigned before court.</em></p><p class="ql-align-justify"><em>That the honourable Judge erred in law in sustaining the trial court’s decision yet he was not accorded a fair and just hearing under Section 77 (1) of the …</em></p>