JUDGMENT
This is a second appeal arising from the judgment of F. Ochieng, J. dated 9th May, 2013 vide which the learned Judge dismissed the appellant’s appeal against both the conviction and sentence handed down against him by the Chief Magistrate’s Court at Eldoret (G. A M’Masi – SRM) on 17th January, 2011 for the offence of defilement contrary to section 8(1) as read with section 8(2) of the Sexual Offences Act No. 3 of 2006.
The particulars of the offence were that the appellant, Ken Rodgers Simiyu, on 29th October, 2010 in Eldoret East District within the then Rift Valley Province, intentionally and unlawfully caused his genital organ (penis) to penetrate the genital organ (vagina) of LN, a girl aged 7 years. The appellant also faced an alternative charge of an indecent act with a child contrary to section 11(1) of the Sexual Offences Act No. 3 of 2006. The particulars of the offence were that the appellant on the same day, time and place intentionally and unlawfully touched the pri…