JUDGMENT OF THE COURT
The appellant, ALFRED MBISELU AVUTSWA, was tried by the Chief Magistrate’s Court in Count I on a charge of the offence of incest by a male person contrary to section 20 (1) of the Sexual Offences Act No. 3, and on an alternative count of the offence of an indecent act with a child contrary to section 11 (1) of the same Act. In count II, he was charged with the offence of assault causing actual bodily harm contrary to section 251 0f the Penal Code.
The particulars of the offence were that on the 8th February 2009 at 7pm, at Mathare Village in Ngong sub- division, Rift Valley Province, the appellant committed an indecent act by placing his male genital organ and his fingers on the exterior of the female genital organ of PAM, the complainant, a child aged four years who was his step daughter. The particulars of Count II are that on the same day the appellant, unlawfully assaulted the complainant thereby occasioning her actual bodily harm.
Briefly, the facts of the case…