Judgment
This is the second appeal of Michael Kipkemoi Tarus the appellant herein. He was first convicted in the magistrate’s court for the offence of defilement contrary to section 8(1) as read with section 8(2) of the Sexual Offences Act (SOA). The particulars of the offence were that between the 2nd and 15th day September, 2014 the appellant, while in [Particulars Withheld] sub- location within Nandi County, intentionally and unlawfully caused his penis to penetrate the vagina of FJ a child aged 5 years.
The appellant denied the charges against him and the respondent presented 8 witnesses to prove their case.
The background of the case is that on the stated date, FJ was on her way to school when a man accosted her and took her to his house where he removed her pair of shorts and his long trousers and touched her vagina. FJ was too young to explain well to the court what the assailant did to her, but she described that she felt something like a finger getting into her vagina. When it w…