<p class="ql-align-center">JUDGMENT OF THE COURT</p><p class="ql-align-justify">This is a second appeal by the appellant, <em>Erick Onyango Ondeng’</em>. His first appeal against conviction and sentence for defilement of a child aged ten years was dismissed by the High Court <em>(Achode, J.)</em> on 20^th June, 2012.</p><p class="ql-align-justify">The appellant was charged on 12^th February, 2009 before the Chief Magistrate’s Court in Makadara, with defilement of a child contrary to <em>section 8(1) and (2)</em> of the <em>Sexual Offences Act, No. 3 of 2006.</em> The particulars of the offence were that on 22^nd January, 2009 at [Particulars Withheld] in Nairobi within Nairobi Province, he wilfully and unlawfully committed an act which caused penetration of his male genital organ into the female genital organ of</p><p class="ql-align-justify"><em>J A O.</em>, a child aged ten years.</p><p class="ql-align-justify">The appellant was also charged with an alternative count of committing an indecent act with a child contrary to <em>section 11 (1)</em> of the <em>Sexual Offences Act</em>, the particulars of which were that on 22^nd January, 2009 at [Particulars Withheld] in Nairobi within Nairobi Province, h…</p>