JUDGMENT OF THE COURT
The appellant, EGK, was charged with the offence of incest by a male person contrary to section 20(i) of the Sexual Offences Act, No. 3 of 2006. The particulars were that on the 28th October, 2013 between 7.00 a.m. to 8.00 a.m in Nyeri County caused his penis to penetrate the vagina of a child namely A.W. W., a female person who to his knowledge was his niece and aged 7 years.
In the alternative charge, he was charged with the offence of Indecent Act with a child contrary to section 11 (1) of the said Act. The particulars of the alternative charge were that on the same date and at the same venue he touched the vagina of A.W.W., a child aged 7 years, an indecent act she would not have allowed.
On 30th October, 2013 the appellant appeared for plea and denied the main charge and the alternative charge. Thereafter, in a trial conducted by Kagendo, the then SPM Mukurweini, he was found guilty of the main charge of incest contrary to section 20 (1) of the Sexual Offences …