RODGERS BOIYO V. REPUBLIC

JUDGMENT OF THE COURT

[1] The appellant was convicted by the Resident Magistrate, Kitale for the offence of defilement contrary to section 8(1) as read with section 8(2) of the Sexual Offences Act and sentenced to life imprisonment. His appeal to the High Court, Kitale against conviction and sentence was dismissed. This second appeal is based on several grounds.

[2] The particulars of the charge stated in essence that on 14^th February 2015 at [Particulars withheld] farm, the appellant caused his genital organ to penetrate the anus of LK (name withheld), a child aged 7 years. The prosecution called five witnesses namely; LK (complainant); DK (PW2), the father of the complainant. Dr. Kakundi Blastus (PW3) (Dr. Kakundi), Michael Samoei (PW4) a village elder and PC Stanley Chepkwonyi (PW5), (PC Stanley)

[3.1] The evidence of the witnesses was in summary as follows:

On 14^th February 2013, at about 4 p.m. the complainant’s mother asked him to go and look after the cow. While looking after the c…