STEPHEN KISILU KITUKU V. REPUBLIC

JUDGEMENT OF THE COURT

1. In this second appeal, Stephen Kisilu Kituku (the appellant), challenges the judgment of the High Court at Kiambu (Mutende, J.) whereby his appeal against conviction and sentence was dismissed. The appellant was charged, tried and convicted by the Chief Magistrates’ Court at Thika with the offence of defilement contrary to Section 8(1) (3) of the Sexual Offences Act No. 3 of 2006. The particulars of the offence were that on 1^st July, 2011 at about 6.45 am in Thika East District within Kiambu County, the appellant intentionally used his penis to penetrate the vagina of AB (real name withheld), a child aged 14 years. Upon trial the appellant was convicted and sentenced to 20 years’ imprisonment and as aforesaid, his appeal before the High Court was dismissed.

2. This being a second appeal, the jurisdiction of this Court is circumscribed under the provisions Section 361(1) of the Criminal Procedure Code as follows: -

“A party to an appeal from a subordinate court m…