JACKSON KALENGA V. REPUBLIC

JUDGMENT OF THE COURT

Background

[1] Jackson Kalenga (the Appellant) was charged before the Chief Magistrate’s Court at Eldoret with defilement contrary to Section 8 (1) as read with Section 8 (2) of the Sexual Offences Act No. 3 of 2006, Laws of Kenya.

[2] The particulars of the offence were that on the 4^th day of October, 2012 at Tapsagoi location in Eldoret West District of Rift Valley Province intentionally and unlawfully caused his genital organ (penis) to penetrate the genital organ of the complainant (vagina), (IN) (name withheld) a child aged 8 years old. The appellant 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 No. 3 of 2006, Laws of Kenya, the particulars of which were that on the 4^th day of October, 2012 at Tapsagoi location in Eldoret West District of the Rift Valley Province intentionally touched the vagina of IN, a child aged 8 years with his penis.

[3] The Appellant pleaded not gu…