JUDGMENT OF THE COURT
This is a second appeal from the Judgment of the High Court of Kenya at Kisumu (E.N. Maina, J.). The appellant, Michael Angara Paul, was charged before the Senior Resident Magistrate at Tamu with the offence of defilement contrary to Section 8(1) (3) of the Sexual Offences Act No. 3 of 2006 particulars being that on diverse dates between 1st September, 2014 and 13th September, 2014 at a place named in the charge sheet he intentionally caused his penis to penetrate the vagina of “CC”, a child aged 12 years. He was charged in the alternative with the offence of Indecent Act with a child contrary to Section 11(1) of the said Act particulars being that on the said dates at the said place he intentionally touched the vagina of the said girl aged 12 years with his penis. He was tried before the said magistrate where four prosecution witnesses testified; was placed on his defence where he gave sworn testimony and called three witnesses and, upon evaluation of the case, t…