JUDGMENT
The appellant was charged with defilement of a girl contrary to section 8(1) as read with section 8(2) of the Sexual Offences Act. The particulars of the offence are that on 8th July, 2010 in Demesi sub-location Vihiga District within the former Western Province, he unlawfully and intentionally caused his genital organ namely penis to penetrate the genital organ namely vagina of CM (minor), a girl aged 10 years.
In the alternative, the prosecution preferred a charge against the appellant of an indecent act with a child contrary to section 11 (1) of the Sexual Offences Act.
The appellant denied the charges leading to a trial in which the prosecution called 5 witnesses in support of its case. The minor testified as PW1 and narrated that on the fateful day at around 6.45 am she stepped out of her grandmother’s house to go for a short call. On her way, she met the appellant, who is her uncle, and he led her to his house which was in the same compound as her grandmother’s. The minor …