JUDGMENT OF THE COURT
The appellant ROBERT KABWERE KITIwas charged in the Chief Magistrate’s Court at Mombasa with an offence of defilement of a girl contrary to Section 8(2) of the Sexual Offences Act No.3 of 2006, in that between 10th and 11th December, 2007 at unknown time in Mombasa District within the Coast Province, he committed an act which caused penetration with a child namely H. K, a girl aged 8 years.
He also faced an alternative charge of indecent act contrary to Section 11(1) of the same Act,in that between 10th and 11th December, 2007 at unknown time in Mombasa District within Coast province committed an indecent act to H. K a girl aged 8 years by touching her private parts namely vagina.
The prosecution case was that PW1 H.K a minor was asleep on the bed with her younger brother I on two occasions, on 10th and 11th December, 2007 when the appellant came into the bed, covered her mouth with his hands, removed her clothes, removed his penis and inserted it into her vagina a…