JUDGMENT OF THE COURT
Background
1. The appellant, Dennis Kimeu, was charged before the Principal Magistrate’s Court at Mavoko with the offence of defilement contrary to Section 8 (1) as read with Section 8 (3) of the Sexual Offences Act. The particulars of the offence were that on 15th August, 2011 in Athi River District within Machakos County he intentionally and unlawfully caused his male genital organ (penis) to penetrate the female genital organ (vagina) of a child aged fifteen and a half (15 1/2) years old. In the alternative, the appellant was charged with the offence of committing an indecent act with a child contrary to Section 11(1) of the Sexual Offences Act.
2. The appellant was also charged with a second count of assault causing actual bodily harm contrary to Section 250 as read with Section 251 of the Penal code. The appellant pleaded guilty to the char latter charge and was subsequently sentenced to a fine of Kshs. 5,000/- or three (3) months imprisonment in default.
3. The…