JUDGMENT
The brief background of this appeal is that the appellant was charged in the Chief Magistrate’s Court at Meru in Criminal Case No. 325 of 2011 with the offence of defilement contrary to section 8(1) as read with section 8(2) of the Sexual Offences Act, 2006. The particulars of the offence were that on 20th April 2011 at Makoondo area in the Imenti North District within Meru County, he intentionally caused his penis to penetrate the vagina of FM (a child aged 4 ½ years). In the alternative, the appellant was charged with committing an indecent act with a child contrary to section 11(1) of the Sexual Offences Act, 2006. The particulars of the alternative charge were that, on the date and at the place aforesaid, the appellant intentionally touched the anus of FM with his penis.
The appellant denied both the principal and alternative charge whereupon the matter proceeded to trial with the prosecution calling 4 witnesses.
The victim (PW1) told the trial court how the appellant lured …