JUDGMENT OF THE COURT
David Kamau Gicharu, hereinafter referred to as the appellant, was charged before the Chief Magistrate’s Court at Kiambu with the offence of defilement contrary to section 8(1) as read with section 8(2) of the Sexual Offences Act. The particulars of that charge were that on the 6th May, 2010 in Kiambu District within Central Province, he unlawfully and intentionally committed an act which caused penetration with his genital organ (penis) into the genital organ (vagina) of F.M.M., a child under the age of 11 years. He was also charged in the alternative with indecent act with a child under the age of 11 years contrary to section 11(1) of the Sexual Offences Act. The particulars of that offence were that on the 6th day of May, 2010 in Kiambu District within Central Province, he unlawfully and indecently assaulted F.M.M., a child under the age of 11 years by touching her private parts.
The evidence as presented by the prosecution was as follows: on the 6th May 2015, L…