S W V. REPUBLIC

JUDGMENT OF THE COURT

The appellant, S W, was charged in the Principal Magistrates’ Court at Kabarnet with the offence of defilment by a male contrary to section 8 (1) as read with section 8 (2) of the Sexual Offences Act No. 3 of 2006, the particulars of which were that on 21^st January 2009, at Particulars withheld in Tran Nzoia District within the former Rift Valley Province the appellant unlawfully and intentionally caused penetration with his genital organ namely; his penis, into the genital organ namely, vagina, of the complainant, NK, PW1, a child aged 8 years who he knew was his daughter.

He also faced an alternative charge of indecent act contrary to section 11(1) of the Sexual Offences Act, the particulars of which were that on the same day and place he intentionally and unlawfully caused his penis to come into contact with the complainant’s vagina.

The appellant denied committing the offence.

After hearing the case, the trial magistrate found that the main charge was proved, con…