RICHARD WAHOME CHEGE V. REPUBLIC

JUDGMENT OF THE COURT

RICHARD WAHOME CHEGE was charged with the offence of defilement contrary to Section 8 (1) (2) of the Sexual Offences Act No. 3 of 2006. The Information was that on 13^th March, 2009, in Muranga West District within Central Province he unlawful had carnal knowledge of TW a girl under the age of 11 years. The appellant was tried and convicted by the trial magistrate and sentenced to the maximum life imprisonment.

Aggrieved by the conviction and sentence, the appellant lodged a first appeal to the High Court. The learned Judge, (Wakiaga, J.), confirmed the conviction and sentence meted upon the appellant. In his home-made supplementary grounds of appeal before this Court, the appellant cites four grounds as follows:

The learned Judge erred in law while upholding conviction on the purported visual identification by recognition by PW1 a single identifying witness in light of no first report to the police.

The learned Judge erred in law without considering that no medical r…