JUDGMENT OF THE COURT
The appellant herein was charged with one count of defilement contrary to Section 8(1) of the Sexual Offences Act and an alternative count of committing an indecent act with a child contrary to Section 11(1) of the Sexual Offences Act in the Chief Magistrate’s Court at Embu.
The particulars of the charge of defilement were that on 21st December, 2010 in Embu Municipality within Embu County, the appellant intentionally caused his penis to penetrate the vagina of MW a child aged 10 years. On the alternative count, the particulars were that on the above mentioned date and place, the appellant intentionally touched the vagina of MW a child aged 10 years old with his penis.
The appellant pleaded not guilty to both counts and the prosecution called a total of four witnesses. It was the prosecution’s case that on 21st December, 2010 at around 2:00 p.m. while PW1, MW (M) and her younger sister, N, were on their way to Mbuvori to call their grandfather, PW2, NT (N), the appe…