YARA YERINGOLE V. REPUBLIC

JUDGMENT OF THE COURT

Introduction

[1] This is a second appeal by Yara Yeringole (the appellant) following the dismissal of his appeal by the High Court against his conviction and sentence by the Principal Magistrate’s Court at Kapenguria, for the offence of defilement contrary to section 8(1) as read with section 8(2) of the Sexual Offences Act No. 3 of 2006, Laws of Kenya.

[2] The particulars of the charge against the appellant were that on 29^th May, 2010 at [particulars withheld] Village in West Pokot District within Rift Valley Province he caused his penis to penetrate the vagina of SC (name withheld) a child aged 9 years. The appellant was convicted and sentenced to serve life imprisonment by the trial court.

[3] From the record, the complainant who was the victim of the alleged defilement was alleged to be nine years at the time of the commission of the offence and was the victim of the alleged defilement. The circumstances of the offence were that on the material date at about 11 a…