JUDGMENT OF THE COURT
Jackson Wambua Kasiva, the appellant, was charged with the offence of defilement contrary to section 8 (1) and (2) of the Sexual Offences Act, 2006. The particulars of the offence are that on the 9th May 2010 at 1.00pm at Ikombe Location, Yatta District within the Eastern Province, he intentionally and unlawfully did an act which caused penetration of his genital organ into the vagina of the complainant, FW, a girl aged 10 years.
In the alternative, he was charged with committing an indecent act with a child contrary to section 11 (1) of the Sexual Offences Act in that on that day he committed an indecent act with FW by touching her private parts.
The facts of the case are that, FW a girl aged 10 years recalled that on 9th May 2010 at about 6pm while she was at home in the kitchen, the appellant who lived in the same compound called out to her. On entering his house, the appellant laid her on his bed, and defiled her. Shortly thereafter, FW’s mother who had been loo…