COSMAS MUTINDA MUTISYA V. REPUBLIC

JUDGMENT OF THE COURT

1. The appellant Cosmas Mutinda Mutisya, was charged before the Senior Principal Magistrate’s Court, Kitui, with the offence of incest contrary to Section 20(1) of the Sexual Offences Act (“the Act”). The particulars of the offence were that on diverse dates between 1st September 2012 and 6th October 2012 at an unknown time at Kyamatu village, Kyamatu sub-location, Mwitika location in Kitui County, the appellant intentionally committed an act which caused penetration with NKS, a child aged 11 years, by inserting his penis into her genital organ namely vagina who to his knowledge was his granddaughter.

2. In the alternative, he was faced with the charge of an indecent act with a child contrary to Section 11(1) of the Act. The particulars of the offence were that on diverse dates between 1st September 2012 and 6th October 2012 at an unknown time at Kyamatu village, Kyamatu sub-location, Mwitika location in Kitui County, he intentionally committed an act of indecency …