WYCLIFFE WANYONYI NYONGESA V. REPULIC

JUDGMENT OF THE COURT

[1] This is a second appeal by Wycliffe Wanyonyi Nyongesa (appellant), against his conviction and sentence for the offence of defilement of a girl contrary to section 8 (1) as read with section 8 (3) of the Sexual Offences Act No. 3 of 2006. The appellant was convicted of the offence by the Senior Resident Magistrate’s court at Kitale, and sentenced to serve twenty (20) years imprisonment. His appeal against conviction and sentence was dismissed by the High Court (E. Obaga, J).

[2] The appellant being dissatisfied has lodged this second appeal. In his memorandum of appeal filed in person on 3^rd December, 2013, seven (7) grounds of appeal were raised. The appeal was argued before us on 4^th December, 2017. However, upon retiring to prepare our judgment, we have noted that the learned judge who heard the first appeal in the High Court is Mr. Justice E. Obaga who was appointed as a judge of the Environment and Land Court vide Gazette Notice No.14346 of 5^th October, 201…