JUDGMENT OF THE COURT
The appellant was charged with the offence of defilement of a child aged 9 years contrary to Section 8(1) as read with Section 8(2) of the Sexual Offences Act. The particulars of the offence were that on the 10th day of July in Uasin Gishu District of the Rift Valley Province, the appellant intentionally and unlawfully caused his genital organ (penis) to penetrate the genital organ (vagina) of RC a girl aged 9 years. The appellant also faced an alternative count of indecent act contrary to section 11(1) of the Sexual Offences Act. The particulars were that on the same day and place he intentionally and unlawfully touched the private parts of RC namely the vagina. The appellant denied the charge but after a full trial, he was found guilty, convicted and sentenced to life imprisonment.
The facts that informed the prosecution’s case briefly stated were that on 10th of July 2010, PW1, RC was sent by her in-law PW4, PM to borrow a basin from the home of the appellant as…