JUDGMENT OF THE COURT
Sahali Omar (“appellant”) was arraigned before the Chief Magistrates’ Court at Malindi, charged in two separate but identical cases, being Malindi Cr. case No.s 8 and 9 of 2010. In each case, he faced two charges, namely defilement of a girl contrary to section 8(3) of the Sexual Offences Act No. 3 of 2006 and alternately, indecent act contrary to section 11(1) of the Sexual Offences Act No. 3 of 2006.
The charges and particulars in Malindi Cr. case No. 8 of 2010 read as follows:-
“Defilement of a girl contrary to section 8(3) of the Sexual Offences Act No. 3 of 2006: On diverse dates between the month of August, 2009 and 12th March, 2010 at [Particulars withheld] within Malindi District of the Coast Province, intentionally and unlawfully committed an act which causes (sic) the penetration of your genital organ into the genital organ of A W, a girl aged 12 years old’
In the alternative;
‘Indecent act contrary to section 11(1) of the Sexual Offences Act No. 3 of 2006: …