JUDGMENT OF THE COURT
1. In this second appeal, Stephen Gitau Njoki (the appellant), is challenging his conviction and sentence by the Principal Magistrate’s Court, Kiambu. He was charged with the offence of defilement contrary to Section 8(1) as read with (2) of the Sexual Offences Act No.3 of 2006 and an alternative charge of indecent act contrary to Section 11(1) of the Sexual Offences Act No.3 of 2006.
2. The particulars of the offence were that on the 24th day of May 2011 in Kasarani Division within Nairobi County, the appellant intentionally and unlawfully committed an act which caused penetration of his male genital organ namely penis into the female genital of J.W., a girl aged three years old.
3. During the trial, the appellant denied the charge and gave unsworn evidence and did not call any witnesses. The trial court, having considered the entire evidence on record, found that the prosecution had proved its case beyond reasonable doubt. It convicted the appellant and sentenced …