JUDGMENT OF THE COURT
Background
1. The appellant, JOB NTABO RATEMO, was charged and convicted of the offence of defilement contrary to section 8 (1) and (2) of the Sexual Offences Act No. 3 of 2006.
2. The particulars of the offence are that on diverse dates between 13th and 16th July, 2009 at Ongata Rongai Township in Kajiado District, the appellant intentionally and unlawfully committed an act by inserting his male genital organ into the female genital organ of BN, a child aged two (2) years, which caused penetration. In the alternative, the appellant faced a charge of an indecent act with a child by touching her private parts contrary to section 11(1) of the Sexual offences Act No. 3 of 2006.
3. When the appellant was brought before the trial Magistrate’s Court (Chief Magistrate’s Court at Kibera Criminal Case No. 3212 of 2009), he entered a plea of guilty to the main charge. The prosecutor read out the facts of the case which the appellant affirmed were correct.
4. A brief summary of …