JUDGMENT OF THE COURT
The appeal herein is against the judgment of R. Nyakundi, J dated 30th July, 2015. A brief background to this appeal is that SMG (the appellant herein) was charged with the offence of incest contrary to section 20(1) of the Sexual Offences Act No. 3 of 2006. The particulars of the offence were that on diverse dates between 2010 and 2013 in Kasarani Division within Nairobi County, being a male intentionally caused his penis to penetrate the vagina of MNG (name withheld), a female who was to his knowledge, his step daughter aged seventeen (17) years.
He was also charged with an alternative offence of committing an indecent act with a child contrary to section 11(1) of the Sexual Offences Act No. 3 of 2006. The particulars in the alternative charge being that on diverse dates between 2010 and 2013 in Kasarani Division within Nairobi County, he intentionally touched the buttocks/breasts/anus/vagina of MNG (name withheld), a child aged 17 years.
To support the charges, t…