JUDGMENT OF THE COURT
The appellant, MK, was arrested and arraigned before the Principal’s Magistrate’s Court at Kilgoris on 05/09/2012 on a charge of incest, contrary to section 20(1) of the Sexual Offences Act. The particulars of the charge were that;
“On diverse dates between May 2012 and 1st September 2012 at [Particulars withheld] Area in Trans Mara West District within Narok County, [he] unlawfully and intentionally penetrated the vagina of EK with his penis who is as to his knowledge her (sic) daughter.”
The prosecution preferred an alternative charge against the appellant of an indecent act with a child contrary to section 11(1) of the Sexual Offences Act.
The appellant denied the charges leading to a trial in which the prosecution called 6 witnesses in support of its case. At the close of the prosecution’s case, the magistrate found the appellant had a case to answer and placed him on his defence. On 29/11/2013, the appellant gave a sworn statement and called his two wives as def…