JUDGMENT OF THE COURT
MUTUA MULI KILONZO, the appellant, was charged with the offence of defilement contrary to Section 8(1) (2) of the Sexual Offences Act No. 3 of 2006 and an alternative count of indecent act to a child contrary to Section 11(1) of the Sexual Offences Act in the Senior Resident Magistrate's Court at Kithimani. The particulars of the offence of defilement were that on the 18th June, 2009, at [Particular withheld] Sub-Location, Kithimani Location in Yatta District within Eastern Province, intentionally and unlawfully did an act which caused penetration with his genitals namely penis into the genitals namely vagina of MM, a girl aged 4 years. The particulars of the alternative charge were that on the above mentioned place and date, the appellant committed an act of indecency to MM, a child aged 4 years, by touching her private parts namely vagina.
The appellant pleaded not guilty to both the main and the alternative counts. After considering the prosecution evidence and …