JUDGMENT
1. The appellant, Brighton Hosea Enos was charged in the Magistrates’ court with a main count of Incest contrary to section 20 (1) of the Sexual Offences Act. The particulars of offence being that on the 24th June, 2018 at around 00:30hours in Ngao location within Tana River County, the appellant intentionally touched the vagina of AH, PW1 the complainant with his penis, who to his knowledge is his daughter, a child aged seven years.
2. In the alternative he was charged with the offence of committing an Indecent Act with a child, contrary to section 11 (1) of the Sexual Offences Act. The particulars of the offence being that on the same day and location within Tana River County, the appellant intentionally touched the vagina of AH, PW1 a child aged seven years with his penis.
3. The prosecution’s case was that the appellant was married to PW2. They had three children and had been married for 7 years. On 24th June 2018 at about p.m, PW 2 went to sleep in the room she was sharing wi…