JUDGMENT OF THE COURT
The appellant in this second appeal, WELLINGTON WANYONYI, was charged in the Chief Magistrate's Court at Kitale with the offence of Defilement of a child contrary to Section 8(1) as read with Section 8(4) of the Sexual Offences Act – Act NO. 3 of 2006. The particulars of that offence were that:-
“On the diverse dates between 8th December, 2006 and 10th March, 2007 Trans-Nzoia District within the Rift Valley Province, by use of your (sic) genital organ caused penetration into genital organ of CN a child aged 15 years.”
There was alternative charge of indecent assault to a child contrary to Section 11(1) of the Sexual Offences Act – Act No. 3 of 2006. He denied both the main charge and the alternative but after hearing six prosecution witnesses, the learned Principal Magistrate (P.N. Gichohi) found that a prima facie case had been established and put him to his defence. Thereafter, the rest of the case was heard by Ochenja, Acting Principal Magistrate who took over th…