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JUDGMENT
George Musau Mwendwa, (the appellant) was charged with the offence of defilement in violation of section 8(1) as read with section 8(2) of the Sexual Offences Act. The particulars of the charge were that on diverse dates between 5th and 7th January 2011 in Narok North district within Rift valley province, he unlawfully and intentionally did cause his penis to penetrate the vagina of HM, a girl aged 11 years. In the alternative he was charged with the offence of indecent act with a child contrary to section 11(1) of the sexual offences Act. He pleaded not guilty of the main and the alternative charges.
The trial proceeded with six (6) state witnesses lined up in support of the prosecution case. The child, who we shall refer to as HM (PW1), testified after a voir dire examination by the trial court. It was her evidence that she was 14 years old and was in standard 7 at [particulars withheld] Academy in Narok. On 5th January, 2011 at about 5. 00 p.m, she was sent by her aunt JKO (…