JUDGEMENT OF THE COURT
1. Joseph Mutinda Mwanzia, the appellant was charged with two counts of the offence of defilement contrary to Section 8 (1) and (2) of the Sexual Offences Act with two alternative counts of committing an indecent act with a child contrary to Section 11(1) of the Sexual Offences Act.
2. The particulars of the first count of defilement were that on 22nd April, 2007 in Mbeere District within the Eastern Province, the appellant defiled JMN, a child aged seven years. For the second count of defilement the particulars were that on 22nd April, 2007 in Mbeere District within the Eastern Province, the appellant defiled EWW, a child aged three years. The particulars of the first alternative charge were that on 22nd April, 2007 in Mbeere District within the Eastern Province, the appellant committed an act of indecency with JMN, a child aged seven years by touching her private parts. The particulars of the second alternative charge were that on 22nd April, 2007 in Mbeere Dist…