JUDGMENT OF THE COURT
The appellant, Peter Munywa Wanjira, was tried by the Resident Magistrate’s court at Gatundu on a charge of defilement of a young girl contrary to Section 8(1) as read with sub-section 3 of the Sexual Offences Act. Particulars of the charge were that on the 4th June 2008 at [particulars withheld] Academy in Thika District of Central Province, he intentionally and unlawfully committed an act which caused penetration to R.W.W, the complainant, a girl aged 14 years. He also faced an alternative charge of indecent act with a female contrary to section 11(1) of the Sexual Offences Act, the particulars of which were that the appellant intentionally and unlawfully committed an indecent act with R.W.W, by
touching her genital organs. The appellant denied both charges. The prosecution called six witnesses while the appellant was the sole witness for the defence.
The brief facts of the case are that, the complainant was sent by one Madam C, the school matron to the kitchen to…