JUDGMENT OF THE COURT
1. Joram Maina Kagere, the appellant herein was charged before Kibera Chief Magistrate’s Courts in Nairobi, with the offence of defilement contrary to Section 8(1) as read with Section 8(3) of the Sexual Offences Act. (“the Act”). The particulars of the offence were that on 14th September 2014 at Bul Bul area in Kajiado North District within Kajiado County, the appellant intentionally and unlawfully committed an act of defilement by inserting his male genital organ (penis) into the female genital organ (vagina) of DK a girl aged 15 years.
2. The appellant faced an alternative charge of committing an indecent act contrary to Section 11(1) of the Act. The particulars of the offence were that on the 28th of September, 2014 in Bul Bul area in Kajiado North District within Kajiado County, he committed an indecent act by placing his male organ (penis) and fingers on the surface of the female organ (vagina) of DK a child aged 15 years.
3. The appellant pleaded not guilty …