JUDGMENT OF THE COURT
1. BMN, the appellant, was charged with three counts of incest by a male person contrary to Section 20 (1) of the Sexual Offences Act No. 3 of 2006 before the Principal Magistrate Court at Siakago. He also faced three alternative counts of indecent act with a child contrary to Section 11 (1) of the Sexual Offences Act.
2. The particulars of the first count of incest were that on 30th April 2007, in Mbeere District within the then Eastern Province, the appellant committed an indecent act or an act namely incest which act caused penetration with a female person namely JMN who to his knowledge the said female person was his niece. The particulars of the second count of incest were that on 1st May, 2007 at the aforementioned place, the appellant committed an indecent act or an act namely incest which caused penetration with a female person JMN who to his knowledge the said female person was his niece. On the third count of incest the particulars were that on 6th May, 2…