JUDGMENT OF THE COURT
The appellant, BENJAMIN MUTUNGA MULUVI, was charged in the subordinate court at Tawa with the offence of rape contrary to section 3 (1) as read with Sub-section 3 of the Sexual Offences Act and an alternative charge of indecent act with an adult contrary to Section 11(A) of the Sexual Offences Act in that on 23rd May, 2011, at [particulars withheld] sub-location in Mbooni East District within Makueni County the appellant intentionally and unlawfully caused his penis to penetrate the vagina of MM without her consent.
The particulars of the alternative count were that on 23rd May, 2011, at [particulars withheld] sub-location in Mbooni East District within Makueni County the appellant intentionally and unlawfully did an indecent act to MM by touching her private parts namely vagina with his penis without her consent.
The appellant took plea on the 3rd November, 2010, and denied having committed the offences. At the conclusion of the trial the appellant was found guilty…