JUDGMENT
The appellant was charged before the Chief Magistrate’s Court at Thika with the offence of defilement of a child contrary to Section 8 (1) (2) of the Sexual Offences Act. The particulars were that on 26th March 2014 within Kiambu County, the appellant wilfully and unlawfully caused his penis to penetrate the vagina of FW, a child aged 11 years. The alternative charge was committing an indecent act with a child contrary to Section 11 (1) of the Sexual Offences Act. The particulars of the alternative charge were that, the appellant on 26th March 2014 within Kiambu County unlawfully and intentionally touched the vagina of FW, a child aged 11 years. The appellant denied the offences and a trial followed.
The evidence presented by the prosecution before the trial court was as follows. After a voire dire examination, FW, (PW1) the minor of 11 years was found to understand the nature of the oath and suitable to give sworn evidence. She testified that on 26th March 2012 at about 6:00 p…