<p class="ql-align-center"><strong>JUDGMENT OF THE COURT</strong></p><p class="ql-align-justify"><em>MUTUA MULI KILONZO, </em>the appellant, was charged with the offence of defilement contrary to <em>Section 8(1) (2) of the Sexual Offences Act No. 3 of 2006 </em>and an alternative count of indecent act to a child contrary to<em> Section 11(1) of the Sexual Offences Act </em>in the Senior Resident Magistrate&#x27;s Court at Kithimani. The particulars of the offence of defilement were that on the 18^th June, 2009, at [Particular withheld] Sub-Location, Kithimani Location in Yatta District within Eastern Province, intentionally and unlawfully did an act which caused penetration with his genitals namely penis into the genitals namely vagina of<em> MM, </em>a girl aged 4 years. The particulars of the alternative charge were that on the above mentioned place and date, the appellant committed an act of indecency to MM, a child aged 4 years, by touching her private parts namely vagina.</p><p class="ql-align-justify">The appellant pleaded not guilty to both the main and the alternative counts. After considering the prosecution evidence and …</p>