JUDGMENT
This is a second appeal from the judgment of the Principal Magistrate’s Court at Nyahururu (C. K. Obara) delivered on 18th May 2010 in Criminal Case No. 1020 of 2007.
The brief background is that the appellant was charged in the Principal Magistrate’s Court at Nyahururu in Criminal Case No. 1020 of 2007 with two counts of defilement and, in the alternative, committing an indecent act with a child. On the first count, the appellant was charged with the offence of defilement contrary to section 8(1) as read with section 8(2) of the Sexual Offences Act, 2006. The particulars of the offence were that on 7th April 2007 in Nyandarua District of the then Central Province, he intentionally committed an act which caused penetration with AMN (name withheld) a girl aged 6 (six) years. In the alternative, the appellant was charged with committing an indecent act with a child contrary to section 11(1) of the Sexual Offences Act, 2006. The particulars of the alternative charge were that, on …