JUDGMENT
DKG, the appellant was charged with the offence of incest contrary to Section 20(1) of the Sexual Offences Act before the Senior Resident Magistrate’s Court at Gatundu. He also faced an alternative count of indecent act with a female contrary to Section 11 (1) of the Sexual Offences Act.
The particulars of the main count were that on 22nd October 2011 at [particulars withhled] Village in Gatundu North within Kiambu county, the appellant intentionally caused penetration of his genital organ namely the penis into genital organ namely, the vagina of JWN, a child aged 11 years who, to his knowledge, was his granddaughter.
As to the alternative charge, the particulars were that on the same day and place, the appellant intentionally and unlawfully committed an indecent act with JWN, a child aged 11 years, by touching her genital organ, namely Vagina. In brief, the prosecution case was that, JWN was born on 16th March 2000, and that the appellant was her grandfather with whom they live…