JUDGMENT OF THE COURT
[1] This is a second appeal from the decision of the High Court at Malindi, delivered on 27th October, 2015. The background of the matter being that the appellant had previously been charged before the Lamu Principal Magistrate’s Court with the offence of Defilement contrary to section 8(1)(3) of the Sexual offences Act No. 3 of 2006. The particulars of the charge being that:
‘On the 21st November, 2012 at around 00.05Hrs at [particulars withheld] village in Lamu District within Lamu County, intentionally caused his penis to penetrate the anus of H.K.K, a child aged 15 years.’
The appellant also faced an alternative charge of indecent act with a child contrary to section 11(1) of the Sexual offences Act No. 3 of 2006. The particulars of the alternative charge are that:
‘On the 21st November, 2012 at around 0005Hrs at [particulars withheld] village in Lamu District within Lamu County, intentionally touched the anus of H.K.K, a child aged 15 years with his penis.’
The …