JUDGMENT
1.Henry Kiptabei Korir (the appellant herein), has preferred this second appeal against the judgment of D.K Kemei, J dated 14th November 2018,in which he was charged in the Kapsabet Principal Magistrates Court with the main offence of defilement contrary to Section 8 (1) as read with Section 8 (3) of the Sexual Offences Act No.
2.The particulars of the offence against the appellant were that on the 18th day of February 2015 , at [Particulars Withheld] Village within Nandi County, he intentionally and unlawfully caused his penis to penetrate the vagina of GC (name withheld) a child aged 15 years.
3.The appellant further faced an alternative charge of committing an indecent act with a child contrary to Section 11 (1) of the Sexual Offences Act.
4.The particulars of the alternative charge were that at the same place and time, he intentionally and unlawfully caused his penis to come into contact with the vagina of GC a child aged 15 years.
5.The appellant denied the charges after whic…