JUDGMENT OF THE COURT
Simon Mutuku Musyoka, the appellant , was charged with the offence of rape contrary to Section 3(1)(a)(c) of the Sexual Offences Act No. 3 of 2006 and an alternative count of indecent act with an adult contrary to Section 11(6) of the Sexual offences Act in the Principal Magistrate’s Court at Siakago.
The particulars of the charge of rape were that on 24th October, 2010 at [Particulars Withheld] Village within Mbeere South District of Embu County, the appellant intentionally and unlawfully caused his penis to penetrate the vagina of E M N without the consent of the said E M N. The particulars of the alternative count were that on the aforementioned date and place, the appellant committed an act of indecency with an adult namely E M N by touching her private parts with his hands.
The appellant pleaded not guilty and the prosecution called a total of six witnesses in support of its case. It was the prosecution’s case that on 24th October, 2010 PW1, E M N (E), attended…