JUDGMENT
The appellant was charged with the offence of defilement contrary to Section 8(1)(2) of the Sexual Offences Act. The particulars thereof were that on 18th May 2014 at Kiambiu slums in Nairobi within Nairobi County, the appellant intentionally caused his penis to penetrate the vagina of KM, a child aged 10 years hereinafter “the complainant.”
The prosecution called a total of 6 witnesses during the trial. According to the complainant she was aged 10 years old at the time of the incident. That while playing outside their house at around 4.00p.m. the appellant called her into his house, blocked her mouth, forcefully undressed her, pushed her on the sofa set and sexually assaulted her. When done, the appellant gave her 10 shillings and she went home crying. When her grandmother came home, she immediately informed her what the appellant had done to her.
PW2 MM the grandmother to complainant testified that on the fateful day she arrived at home at 8.00 p.m. from work and found the com…