JUDGMENT OF THE COURT
This is an appeal by Lawrence Muchina Ngigi from the judgment of the High Court upholding and affirming the conviction and sentence by the trial Resident Magistrates’ court in respect of a charge of defilement contrary to section 8(1) and (3) Act No. 3 of the Sexual Offences Act, 2006.
In the first count, the appellant, together with another (who was, however acquitted by the trial Court) were charged with the offence of defilement of a minor contrary to section 8(1) and (3) Act No. 3 of the Sexual Offences Act, 2006. The particulars of the offence were that on the 16th day of June, 2007 at [particulars withheld] village in Kiambu District within the Central Province, jointly with another not before the court, intentionally and unlawfully defiled E.W. (the complainant) a girl aged 14 years.
In the alternative charge of indecent assault contrary to section 144(1) of the Penal Code, the particulars of the offence stated that on the 16th day of June, 2007 at [particula…