JUDGMENT OF THE COURT
The appellant, Kebby Chivoli, was charged in the Chief Magistrates’ Court at Eldoret with the offence of defilement contrary to section 8 (1) as read with section 8(4) of the Sexual Offences Act No. 3 of 2006. The particulars were that on diverse dates of 15th and 16th of August 2009 in Uasin Gishu District within the former Rift Valley Province, the appellant intentionally and unlawfully caused the penetration of his genital organ into the genital organ (vagina) of CO, PW 2 the complainant, a girl aged 11 years.
He also faced an alternative charge of indecent act contrary to section 11(1) of the Sexual Offences Act, the particulars of which were that on the same day and place he intentionally and unlawfully committed an act of indecent assault by touching CO’s genital organ (vagina).
The appellant denied the offence.
The facts are that on the night of 15th August 2009 while CO was asleep in their room with her brother, the appellant opened the door and entered the r…