JUDGMENT OF THE COURT
The appellant, CM, was charged in the Chief Magistrates’ court at Malindi 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 7th September 2012 at [particulars withheld] area, [particulars withheld] District within Kilifi County he intentionally and unlawfully caused penetration of his male genital organ namely, penis, into the female genital organ namely, vagina, of GRM, a child aged 5 1⁄2 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 committed an indecent act by touching the vagina of the complainant, GRM a girl child aged 5 1⁄2 years using his fingers. The appellant denied committing the offence.
After hearing the evidence and the submissions of the parties, the trial court found the …