JUDGMENT
1.This is a second appeal arising from the judgment of M. Kasango, J. in the High Court of Kenya at Nanyuki in Criminal Appeal No. 3 of 2015 dated 14th April, 2016.
2.The background to the appeal, albeit in a summary form, is that the appellant was arraigned before the Chief Magistrates’ Court at Nanyuki in Criminal Case No. 123 of 2012 on a charge of defilement contrary to section 8(1) as read with subsection (2) of the Sexual Offences Act No. 3 of 2006. The particulars of the offence were that on the 23rd December, 2011 at [Particulars Withheld] village in Nyeri County within the Republic of Kenya, he intentionally and unlawfully caused his penis to penetrate the vagina of JWW a child aged 10 years. He also faced an alternative charge of indecent act with a child contrary to section 11(1) of the Sexual Offences Act No. 3 of 2006. The particulars were that on the same date and place, he unlawfully did an indecent act with JWW a child aged 10 years by touching her private organ…