JUDGMENT OF THE COURT
PMK was charged that on the 9th day of March 2006 in Nyeri District of the Central Province, he attempted to have carnal knowledge of JMK without her consent contrary to Section 141 of the Penal Code. He also faced an alternative Count I was that on the same day 9th March 2006, in Nyeri Distict of Central Province, he unlawfully and indecently assaulted JMK by pinning her on the ground and trying to remove her inner wear and touching her private parts contrary to Section 144 (1) of the Penal Code. Alternative Count II was that on the same day 9th March 2006 in Nyeri District of Central Province, he unlawfully assaulted JMK thereby occasioning her actual bodily harm. An alternative Count III was that on the same day and place, he unlawfully assaulted F.N.M hereby occasioning him actual bodily harm.
The trial magistrate convicted the appellant on Counts 1 and III and sentenced him to 10 years imprisonment on Count I and a further One year imprisonment on Count III. H…