JUDGEMENT OF THE COURT
Solomon Njagi Nyamau, the appellant was charged with the offence of defilement contrary to Section 8 (1) and (2) of the Sexual Offences Act. The particulars of the offence were that on 23rd March, 2007 in Mbeere District within the then Eastern Province, the appellant defiled LW, a child aged five and a half years.
The appellant initially pleaded guilty to the charge and was subsequently convicted, only for him to change his plea to that of not guilty. Consequently, a trial began with the prosecution calling four witnesses. It was the prosecution’s case that on 23rd March, 2007 at about 12p.m. PW 1, LW (L) was making her way home from [Particulars Withheld] Nursery School accompanied by a school mate by the name N. L made a stopover at her schoolmate’s home to take water. While there she was invited for lunch but declined the invitation and proceeded home. Along the way L met the appellant who held her hand and led her to a nearby bush, removed her pant and defile…