JUDGMENT OF THE COURT
At the hearing of this appeal, the appellant through Mr. Mokua, learned counsel, abandoned the appeal on conviction. Instead, he opted to prosecute the appeal on sentence only.
The appellant was charged before the Principal Magistrate’s Court at Kilgoris with the offence of defilement of a girl contrary to section 8(1) as read with section 8(3) of the Sexual Offences Act. The particulars were that on 21st March, 2009 at [Particulars Withheld] Primary School in Transmara District of the Rift Valley Province the appellant intentionally and unlawfully caused his penis to penetrate the vagina of ENT, a girl aged 14 years. He also faced the alternative count of Indecent Act with a Child contrary to section 11 of the Sexual Offences with particulars being that on the same day and place, the appellant unlawfully indecently assaulted ENT by touching her private parts namely the vagina.
He pleaded not guilty to the counts and his trial ensued. After considering the evidence …