JUDGMENT OF THE COURT
This appeal arises from the judgment of the High Court of Kenya at Kiambu (Hedwig I. Ong’udi, J) dated 3rd August, 2018.
The background to the appeal is that the appellant was arraigned before the Principal Magistrates’ Court at Kikuyu for the offence of incest contrary to Section 20 (1) of the Sexual Offences Act, No. 3 of 2006 (the Act). The particulars of the offence were that on 25th and 26th September, 2014 in Kiambu County within Central Region, intentionally caused his penis to penetrate the vagina of DN a child aged eleven (11) years old who was to his knowledge his daughter. The appellant denied the offence prompting a trial in which the prosecution called four (4) witnesses to prove the charge, while the appellant who gave sworn evidence was the sole witness for his defence.
The facts are that on 25th September 2014, the appellant who is father to DN fought with his wife, the mother to DN and she went away in a huff, leaving behind DN and her four (4) sibl…