JUDGMENT OF THE COURT
The appellant in this appeal Samuel Waithaka Mbugua who conducted his second and last appeal before us in person, faced one charge of defilement contrary to section 8 (1) (2) of the Sexual Offences Act 2006, and alternative charge of indecent act with a child contrary to section 11 (1) of the Sexual Offences Act and one charge of attempted defilement contrary to section 9 (1) as read with section 3 (1) of the Sexual Offences Act 2006 and alternative charge of indecent act with a child contrary to section 11 (1) of the Sexual Offences Act 2006. The particulars of the offence of defilement were that:-
“On the 27th day of September, 2006 in Kiambu District within the Central Province, you committed an act which causes penetration and did penetrate the genital organs of A. K. M a girl aged 7 years.”
The particulars of the alternative charge to that of attempted defilement read as follows:-
“On the 27th day of September, 2006 in Kiambu District within Central Province,…