JUDGMENT OF THE COURT
Onesmas Musyoki Mutune, the appellant, was charged in the Senior Resident Magistrate’s Court at Makueni with the offence of defilement of a girl aged 11 years contrary to section 8(2) of the Sexual Offences Act No. 3 of 2006. The particulars of the charge were that on 23rd July, 2008 at about 0600 p.m. in Makueni District in Eastern Province he committed an act which caused penetration of a child, namely M. M aged 11 years into her female genital organ. There was an alternative charge of indecent act with a child contrary to section 11(1) of the Sexual Offences Act. The particulars of the alternative charge were that on 23rd day of July, 2008 in Mukueni District of Eastern Province he committed an indecent act with M.M, a child under the age of 11 years by touching her private parts.
The case was heard by the trial court (Nyakundi Ag. P.M.) who wrote his judgment he delivered on 10th March, 2009, in which the appellant was found guilty and convicted on the main ch…