JUDGMENT OF THE COURT
On 7th December, 2004, the appellant herein JAMES NYAMWEYA, was arraigned before the Senior Principal Magistrate’s Court at Kitale charged with defilement of a girl contrary to section 145 (1) of the Penal Code. It was alleged that on the 27th November, 2004 at KN Estate in Trans Nzoia District of the Rift Valley Province the appellant had carnal knowledge of JA, a girl under the age of sixteen years. Alternatively, the appellant was charged with indecent assault on a female contrary to section 144 (1) of the Penal Code. The particulars of the offence being that on the 27th day of November, 2004 at [KN] in Trans Nzoia District within Rift Valley Province had indecently assaulted [JA], a girl under the age of sixteen years by touching her private parts.
The appellant was charged on the second count of grievous harm contrary to section 234 of the Penal Code in that on 27th day of November, 2004 at [KN] Estate in Trans Nzoia District within Rift Valley Province he unl…