JUDGMENT
The appellant was charged with the offence of defilement contrary to Section 8(1) as read with Section 8 (2) of the Sexual Offences Act. The particulars were that on the 8th October 2009 at [Prticulars Withheld] Village in Nyeri District within Central Province he intentionally and unlawfully inserted his genital organ into the genital organ of LMN a girl aged 16 years. He also faced an alternative charge of indecent act with a child contrary to Section 11(1) of the Sexual Offences Act. We need not set out the particulars thereof as the appellant was not convicted or sentenced on the same.
The prosecution called a total of five witnesses during the trial. The prosecution evidence was that LMN, a girl aged 14 years while on her way to school met the appellant who held her hand and led her to his house and made her lie on the sofa set, removed her pant and defiled her. She thereafter proceeded to school. Due to the pain that she was experiencing while at school she informed her T…