JUDGMENT OF THE COURT
1. Evans Opiyo Esau was charged with the offence of defilement of a girl aged nine (9) years old contrary to Section 8 (1) as read with Section 8 (2) of the Sexual Offences Act. The particulars are that on 14th October, 2008 in Kakamega South District within Western Province he unlawfully and intentionally inserted his genital organ namely penis into the genital organ namely vagina of GM a girl aged nine years. The appellant was charged with an alternative count of indecent act with a child contrary to Section 11 (1) of the Sexual Offences Act, whose particulars were that on the 14th day of October, 2008 in Kakamega South district within Western Province unlawfully and intentionally contacted his genital organ namely penis into genital organ namely vagina of GM a girl aged 9 years.
2. He denied both counts. During trial, PW1 Francis Etiali, a clinical officer attached to Kakamega Provincial Hospital testified that he examined the complainant, GM a girl child ten (1…