JUDGMENT OF THE COURT
1. Boniface Mutua Ngolanya, the appellant herein, was convicted by the Chief Magistrate’s Court at Thika on the charge of defilement contrary to section 8(1) and (2) of the Sexual Offences Act, No. 3 of 2006. The brief particulars of the charge were that on the 25th day of February 2010, in Thika District, within the Central Province, he committed an act which caused penetration with NW (hereinafter referred to as the complainant), a child aged 15 years and who has a disability.
2. The prosecution evidence led before the trial court was that on the material day, at about 3:00pm, the complainant was washing dishes with her sister, P N (PW3). The appellant came into the house and took the complainant away. P followed the appellant to his house. She found the complainant on the appellant’s bed, with the appellant on top of her. The complainant’s panties were on the floor and the appellant had his trousers pulled down.
3. P told the complainant that she was being called…