JUDGMENT OF THE COURT
The record of the trial court shows that on 18th September, 2003, the appellant herein, Christopher Mwangangi Katumo, was arraigned before the Chief Magistrate’s Court at Thika where he was charged with the following offences:-
Count I
Defilement of a girl under the age of 16 years contrary to section 145(1) of the Penal Code.
Count II
Indecent assault on a female contrary to section 144(1) of the Penal Code.
The particulars of the offence in respect of Count I were as follows:-
“1. CHRISTOPHER MWANGANGI KATUMO: On diverse dates between December, 2002 and August, 2003 at [Particulars withheld] Estate in Thika District within the central Province had carnal knowledge of [Particulars withdheld a girl under the age of 16 years.”
And the particulars of the offence in respect of Count II were as follows:-
“2. CHRISTOPHER MWANGANGI KATUMO: On the 18th day of March, 2003 at[Particulars withheld ] Estate in Thika District within the Central Province unlawfully and indecently assa…