JUDGMENT
Kunona Kinyaga, the appellant, was charged with the offence of defilement contrary to section 8(1) (3) of the Sexual Offences Act No. 3 of 2006. The particulars were that on diverse dates between 1st July 2013 and 31st July 2013 at [Particulars withheld] area in (Particulars withheld] village, within Laikipia North District in Laikipia County, the appellant intentionally and unlawfully caused his male genital organ to penetrate the female genital organ of the IJ (PW1) [Name withheld], a girl aged 15 years.
In the alternative, he was charged with the offence of committing an indecent act contrary to section 6 (a) of the Sexual Offences Act No. 3 of 2006. However, the prosecution withdrew this charge against the appellant pursuant to section 87 (a) of the Criminal Procedure Code.
The trial magistrate after considering the evidence from the prosecution and the defence by the appellant found the appellant guilty, convicted and sentenced him to 20 years’ imprisonment. The appellant w…