DAVID MUTURI KAMAU V. REPUBLIC

JUDGMENT OF THE COURT

Background

1. DAVID MUTURI KAMAU, the appellant, was charged with the offence of attempted defilement contrary to Section 9 (2) of the Sexual Offences Act No. 3 of 2006 and an alternative offence of indecent act to a child contrary to

Section 11 (1) of the Sexual Offences Act in the Chief Magistrate's Court at Thika.

2. The particulars of the offence were that on the 18^th May, 2008 at [particulars withheld] Village in Murang'a South District within Central Province, the appellant attempted to commit an offence that could have caused penetration with MWN, a girl of six [6] years. The particulars of the alternative charge were that on the above mentioned place and date, the appellant intentionally committed an indecent act with MWN a child aged 6 years, by touching her genital organs.

3. The appellant pleaded not guilty to both the main and the alternative charge. After considering the prosecution’s evidence and that of the defence, the learned Principal Magistrate (Hon…