SIMON NDUGI NGUGI & ANOR.
V.
REPUBLIC

JUDGMENT OF THE COURT

The two appellants herein, Samuel Ndugi Ngugi (the 1^st appellant) and Boniface Nyutu Ngure (the 2^nd appellant) were charged in the Senior Resident Magistrate’s Court (Githunguri) separately as follows: that on 7^th January, 2009 at [particulars withheld], Kiambu, the 1^st appellant unlawfully had carnal knowledge of E W M, a female child aged six years contrary to Section 8(1)(2) of the Sexual Offences Act. Alternative to that charge of defilement, the same appellant faced the charge of committing indecent act with the said child E W M on the same day and place by viewing and touching Esther’s birth canal, contrary to Section 11(1) of the Sexual Offences Act.

On his part, the 2^nd appellant was charged with also committing an indecent act with the said E W by viewing and touching her birth canal.

After trial, the 1^st appellant was found guilty of attempted defilement contrary to Section 9(1)(a), (2) while the 2^nd appellant was found guilty of the offence as charged un…