JUDGMENT OF THE COURT
The appellant was tried by the Senior Resident Magistrate, Mbita (Hon. S.O. Ongeri ) for the offence of defilement contrary to section 8(1) and (2) of the Sexual Offences Act, 2006 (SOA). It was alleged that on 27th July, 2014 at Mbita District of Homa Bay County, he intentionally and unlawfully caused his penis to penetrate the genital organ, namely the vagina, of JA, a child aged 9 years. He also faced an alternative charge of committing an indecent act with a child contrary to section 11(1) of SOA based on the same facts, by intentionally and unlawfully touching the vagina of JA with his penis. After hearing eight (8) witnesses put forward by the prosecution and considering the defence of the appellant, the trial court was not satisfied that the main count of defilement had been proved since there was no credible evidence of penetration, and rejected it. It found the alternative count proved and convicted the appellant before sentencing him to serve ten (10) ye…