JUDGMENT OF THE COURT
This is a second appeal by the appellant, Erick Onyango Ondeng’. His first appeal against conviction and sentence for defilement of a child aged ten years was dismissed by the High Court (Achode, J.) on 20th June, 2012.
The appellant was charged on 12th February, 2009 before the Chief Magistrate’s Court in Makadara, with defilement of a child contrary to section 8(1) and (2) of the Sexual Offences Act, No. 3 of 2006. The particulars of the offence were that on 22nd January, 2009 at [Particulars Withheld] in Nairobi within Nairobi Province, he wilfully and unlawfully committed an act which caused penetration of his male genital organ into the female genital organ of
J A O., a child aged ten years.
The appellant was also charged with an alternative count of committing an indecent act with a child contrary to section 11 (1) of the Sexual Offences Act, the particulars of which were that on 22nd January, 2009 at [Particulars Withheld] in Nairobi within Nairobi Province, h…