JUDGMENT OF THE COURT
The appellant in this appeal Jarson Onduso Oyuko was charged before the Senior Resident Magistrate's Court at Bondo with the offence of defilement of a child contrary to Section 8 (4) of the Sexual Offences Act No. 3 of 2006 in that:
“On the 13th day of February 2009, at [particulars withheld] sub-location in Rarieda District within Nyanza Province, unlawfully and intentionally committed an act, which caused penetration with M M a child of the age of 8 years.”
There was also alternative count of Indecent Act with a child contrary to Section 11 (1) of the Sexual Offences Act Number 3 of 2006 in which the date and the place of the offence and the complainant were the same. He denied both the main charge and the alternative and the trial proceeded with the prosecution availing four witnesses whereas the appellant apparently gave unsworn statement in his defence. We say “apparently” because when the court, in compliance with the provisions of Section 211 of the Criminal…