JUDGMENT OF THE COURT
The appellant, Dennis Osoro Obiri, was charged on 20th December, 2007 before the Chief Magistrate’s Court, Kibera, with the offence of defilement contrary to section 8 (2) of the Sexual Offences Act, No. 3 of 2006. The particulars of the offence were that on the 17th December 2007, at [Particulars withheld] area within Kajiado District, Rift Valley Province, he committed an indecent act which caused penetration of a male organ into the female organ of MM, (PW1), a child aged nine years. He was also charged with an alternative count of committing an indecent act with a child contrary to section 11 (1) of the Sexual Offences Act, the particulars of which were that on the 17th December 2007, at [Particulars withheld] area within Kajiado District, Rift Valley Province, he committed an indecent act with a child by touching the private parts (vagina) of MM, a child aged nine years.
In brief, the case against the appellant, as established by the evidence led before the tr…