JUDGMENT OF THE COURT
1. Timothy Mwai Nderitu, the appellant, was charged with the offence of defilement contrary to Section 8(1)& (2) of the Sexual Offences Act No. 3 of 2006. He also faced an alternative count of indecent act with a child contrary to Section 11(1) of the Sexual Offences Act in the Chief Magistrate’s Court at Nyeri. The particulars of the offence of defilement were that on 21st February, 2007 at [patriculars witheld] Village in Nyeri District within the then Central Province, the appellant intentionally and unlawfully committed an act of penetration to Eunice Wanja Gitonga, a girl under the age of 11 years. The particulars of the alternative count were that on the above mentioned date and place, the appellant intentionally and unlawfully committed an indecent act to E.W.G by causing his genital organs to touch her sexual organs.
2. The applicant pleaded not guilty to both counts. The prosecution called a total of five witnesses. After conducting a voire dire examinatio…