<p class="ql-align-center">JUDGMENT OF THE COURT</p><p class="ql-align-justify">By this appeal the appellant challenges the decision of the High Court at Kerugoya (C. Githua J) by which his first appeal against the conviction and sentence of 20 years imprisonment imposed by the Senior Resident Magistrate&#x27;s court at Baricho on 3^rd May 2011 was dismissed.</p><p class="ql-align-justify">That conviction and sentence was on a charge of defilement contrary to Section 8 (1) of the Sexual Offences Act No. 3, of 2006, which the learned Judge substituted with Incest contrary to Section 20 of the same Act. The particulars were that on 16^th October, 2010 at <em>[particulars withheld] </em>in Kerugoya West District of the (then) Central Province he &quot;penetrated with his penis the virgin&quot; (sic) of J.M.K, a girl aged 12 years. He did also face an alternative count of indecent act contrary to Section 11 (1) of the same Act in that he was alleged to have rubbed his penis against the same girl&#x27;s thighs. Following conviction on the principal charge, no finding was made on the alternative.</p><p class="ql-align-justify">The prosecutio…</p>