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JUDGMENT
The appellant was charged with the offence of defilement contrary to section 8 (1) (4) (sic) of the Sexual Offences Act. The particulars of the offence were that on the 20th day of November 2015 at Watamu Township within Kilifi County the appellant intentionally and unlawfully caused his penis to penetrate the vagina of GST, a child aged 15 years. The appellant also faced a second count of committing an indecent act with a child contrary to section 11 (1) of the Sexual Offences Act, the particulars of the offence being that on the material day he indecently touched the complainant’s vagina.
After a full trial, although the evidence adduced clearly established that the appellant defiled the complainant, the trial court convicted the appellant of the second count and sentenced him to 10 years’ imprisonment.
Being dissatisfied with the said conviction and sentence, the appellant preferred an appeal to the High Court, which was unsuccessful. He then moved to this Court on a second a…