JUDGMENT OF THE COURT
JKM, the appellant, was charged with one count of defilement contrary to Section 8(1) as read with Section 8(3) of the Sexual Offences Act and an alternative count of indecent act with a child contrary to Section 11(1) of the Sexual Offences Act in the Chief Magistrate’s Court at Meru.
The particulars of the charge of defilement were that on 13th June, 2009 in Meru Central District within the then Eastern Province, the appellant committed an act that caused penetration of the genital organ of a child namely GKM aged 9 years. The particulars of the alternative charge were that on the aforementioned date and place, the appellant committed an act of indecency with GKM, a child aged 9 years by touching her genital organs.
The appellant pleaded not guilty to both counts and the prosecution called a total of six witnesses. It was the prosecution’s case that on 13th June, 2009 at around 4:00 p.m. while PW1, GKM (G) and PW3, JK (J) were heading home they saw the appellant w…