PW V. REPUBLIC

JUDGMENT OF THE COURT

1. The appellant was charged with defilement of a girl contrary to Section 8 (1) as read with Section 8 (4) of the Sexual Offences Act No. 3 of 2006. The particulars were that on the 10^th day of July 2014 in Bungoma Central District within Bungoma County intentionally and unlawfully caused his genital organ namely penis to penetrate the genital organ namely vagina of JN, a girl child aged sixteen years old.

2. The appellant was tried and convicted by the magistrate’s court. He was sentenced to a term of 20 years’ imprisonment. His appeal to the High Court against conviction and sentence was dismissed. He has lodged the instant second appeal to this Court. The grounds of appeal are that the judge erred in failing to scrutinize and evaluate in entirety the evidence on record; the judge made an error of law on the face of the record; the judge erred in failing to find there was no DNA conducted on the appellant and the victim as stipulated in Section 36 (1) of the Sex…