JUDGMENT OF THE COURT
Background
[1] The appellant, CTM, was charged before the Principal Magistrates’ Court at Kajiado with two main counts. On the first count, he was charged with the offence of incest by a male person contrary to Section 20 (1) of the Sexual Offences Act. The particulars of the offence were that between the 1st day of January, 2013 and the 9th day of January, 2014 at [Particulars withheld] Estate in Kajiado District within Kajiado County, he intentionally and unlawfully caused his genital organ (penis) to penetrate the genital organ (vagina) of GNT (name withheld), a female person who to his knowledge is his daughter, aged 10 years. The appellant was, in the alternative to the first count, charged with the offence of an indecent act with a child contrary to Section 11 as read with Section 11(1) of the Sexual Offences Act.
[2] On the second count, the appellant was charged with the offence of defilement contrary to Section 8(1) as read with Section 8(2) of the Sexual O…