JUDGMENT OF THE COURT
The appellant, Wilson Ndirangu King’ori, was charged before the Principal Magistrate’s Court at Othaya with the offence of attempted defilement contrary to Section 9 (1) (2) of the Sexual Offence Act No. 3 of 2006, particulars being that on 8th day of September, 2014 in [particulars withheld] village in Nyeri Sub-County within Nyeri County, he intentionally and unlawfully attempted to cause his penis to penetrate the vagina of LWM, a child aged 3 1⁄2 years. In the alternative charge he was charged with indecent act with a child contrary to Section 11 (1) of the said Act the difference in particulars in the alternative charge from the main charge being that he intentionally and unlawfully touched the vagina of the said child. He pleaded not guilty and a trial took place before R. K. Langat, Resident Magistrate. At the close of the prosecution case, the learned magistrate found that the prosecution had failed to establish a prima facie case against the appellant on …