JUDGMENT OF THE COURT
1. Meshack Wandera Masii was charged with defilement contrary to Section 8 (1) (3) of the Sexual Offences Act No. 3 of 2006. The particulars are that on the 14th day of September 2009 at about 7.00 am at [Particulars Withheld] Village Matungu Location in Mumias District within Western Province unlawfully had carnal knowledge of SN a girl aged 8 years. He faced an alternative charge of indecent act with a girl contrary to Section 11 (1) of the Sexual Offences Act No. 3 of 2006. The particulars are that on the 14th day of September 2009 at about 7.00 am at [Particulars Withheld] Village Matungu Location in Mumias District within Western Province unlawfully and indecently touched the private parts, namely vagina, of SN a girl aged 8 years.
2. The prosecution case rested on the testimony of the complainant, SN (PW1) who after voire dire examination gave an unsworn evidence. The trial magistrate recorded that SN was a girl of tender years who was intelligent, did not kn…