JUDGMENT
The appellant was charged before the Principal Magistrate’s Court at Eldoret with defilement contrary to Section 8 (1) as read with Section 8 (2) of the Sexual Offences Act. The particulars were that on 25th June 2010 at Marigat Township in Marigat District within Rift Valley Province, the appellant intentionally and unlawfully caused his penis to penetrate the vagina of CS a girl aged 12 years, in violation of the said Act.
The appellant denied the charges and a trial followed. The trial was concluded after four prosecution witnesses, the appellant and one defence witness were heard. In his judgment, the trial magistrate identified the issues as whether there was penetration as defined by the Act; and, if there was penetration, whether the perpetrator had been identified; and what was the defence of the accused.
The trial magistrate found that the evidence of PW1, the clinical officer, indicated that there was mild labial laceration, that the girl’s hymen was perforated, and th…