JUDGMENT OF THE COURT
The appellant JULIUS CHERUIYOT was charged in the Senior Resident Magistrate’s court at Bomet in Criminal Case No. 1053 of 2007 with the offence of defilement of a girl of seven (7) years contrary to section 8(2) of the Sexual Offences Act No. 3 of 2006.
The particulars of the offence were that on the 17th day of September 2007 at [Particulars withheld] area in Bomet District of the Rift Valley he province had an unlawful and intentional carnal knowledge of M.C a girl aged seven (7) years. The appellant denied the charge prompting a trial in which the prosecution called five (5) witnesses, while the appellant was the sole witness for his defence.
The brief facts are that on the material date of 17th September 2007 five (5) minors namely; F, M.C., D, R and R.K.K. were on their way from school headed to their respective homes. On nearing Kibiribiriti river they met the appellant whom R.K.K PW3 claimed to have known before as a worker in their home. He was washing his …