JUDGMENT OF THE COURT
The appellant, Christopher Ochieng, was charged in the Principal Magistrate’s court with the offence of defilement of a child contrary to section 8(1) and (3) of the Sexual Offences Act No. 3 of 2006.
The particulars of the offence were that on the 9th November 2007 at around 6.30 p.m. in Busia County, the appellant intentionally and unlawfully did an act causing penetration of MO (PW 1), a child aged 8 years.
The appellant was also charged with an alternative offence of Indecent Act with a child contrary to section 11 (1) of the same Act, the particulars of which were that the appellant intentionally and unlawfully touched the private parts of the complainant, MO, a child aged 8 years.
The appellant denied the offence, and merely stated that he was not responsible for penetrating the complainant.
The prosecution’s case was that at about 6.30 p.m, while MO was in [particulars withheld] market selling tomatoes with her two sisters, PW2 and PW4, the appellant approached…