ROBERT NDIRANGU KINGORI V. REPUBLIC

JUDGMENT

1. This is a second appeal arising from the judgement of the High Court of Kenya at Nyeri (Mativo, J, as he then was) dated and delivered on October 13, 2016 upholding both conviction and sentence that had been meted by the Chief Magistrate’s court at Nyeri.

2. The background of this appeal is that the appellant was charged in the Chief Magistrate’s court in Criminal Case No. 36 of 2011 for the offence of defiling a child contrary to Section 8(1) (2) of the Sexual Offences Act. The particulars being that on 9th October, 2010 the appellant intentionally and unlawfully caused penetration of his penis into the vagina of DKK, a girl aged five (5) years and eight months. He was tried, convicted and sentenced to serve life imprisonment. Dissatisfied with the decision of the trial court, the appellant appealed to the High Court and the court affirmed his sentence and conviction. Aggrieved with the decision of the first appellate court he appealed to this Court.

3. There was no finding on an alt…