JUDGMENT
The appellant, Joel Wangara Onesmus, was charged with defilement of a girl under the age of 16 years contrary to Section 8(3) of the Sexual Offences Act, No. 3 of 2006. The particulars of the offence are that on 25th November, 2010 at [particulars withheld] within the then central province, the appellant intentionally and unlawfully penetrated JWM, a child aged 10 years. In the alternative, he was charged with committing an indecent act to a child contrary to Section 11 of the Sexual Offences Act.
It was the prosecution’s case, that the complainant who was 10 years at the time of the incident, was playing with other children when the appellant who was her cousin called her inside his house and defiled her. He then threatened her to maintain secrecy. Her mother PW3, testified that she noticed the complainant was walking with difficulty and after examining and interrogating the child, she disclosed that she had been defiled three days prior by the appellant.
The complainant’s pare…