JUDGMENT OF THE COURT
The appellant, Paul Chege Wanyoike, was charged in the Principal Magistrates’ Court at Kapsabet with the offence of defilement contrary to section 8 (1) as read with section 8(3) the Sexual Offences Act No. 3 of 2006 the particulars of which were that on 4th September 2011, at Baraton Centre in Nandi County, the appellant did cause his penis to penetrate the vagina of the complainant, DJH, PW1 a girl aged 14 years.
He also faced an alternative charge of indecent act contrary to section 11(1) of the Sexual Offences Act, the particulars of which were that on the same day and place he intentionally and unlawfully caused his penis to come into contact with the thighs of the complainant, a girl aged 14 years namely, DJH.
The appellant denied the charges, and in his defence claimed to have been in Kakamega. It was also his testimony that a grudge existed between him and the complainant’s father over a sewing machine.
For lack of evidence, the trial magistrate acquitted hi…