JUDGMENT OF THE COURT
[1] This is an appeal from the judgment of the High Court dated 4th May, 2012 wherein the appellant's first appeal was dismissed. Patrick Wachira Karimi, the appellant, was initially charged with the offence of subjecting a child to sexual activity contrary to Section 15 of the Children's Act. However, the charge was amended and the appellant was charged with the offence of defilement contrary to Section 8(1) and (3) of the Sexual Offences Act. The Information being that on 11th February, 2005 at [particulars withheld] Village in Nyeri District within the then Central Province committed an act of penetration to J M a child under the age of 15 years.
[2] The appellant pleaded not guilty to the charge and the prosecution called a total of 6 witnesses. It was the prosecution's case that on 8th February, 2005 PW3, J M W (J), was sent home from school due to non payment of school fees. She went home where she lived with her mother, PW4, N W M (N). Her mother had rented …