JUDGMENT OF THE COURT
The appellant, Reuben Lukuru, was arrested and arraigned before the Chief Magistrate’s Court at Kakamega on 25th October, 2010 on a charge of defilement, contrary to section 8(1) (2) of the Sexual Offences Act No. 3 of 2006 (the Act). The particulars of the charge were that;
“On 22nd day of October 2010 at [Particulars Withheld] village, in Central Kakamega district within western province, unlawfully and intentionally inserted his genital organ namely penis into the genital organ namely vagina of LK a girl aged five and a half years.”
The prosecution preferred an alternative charge against the appellant of an indecent act with a child contrary to section 11(1) of the Act particularized that;
“On 22nd day of October 2010 at [Particulars Withheld] village, in Central Kakamega district within western province, unlawfully and intentionally contacted his genital organ namely penis into the genital organ namely vagina of LK a girl aged five and a half years.”
The appellant…