<p class="ql-align-center">JUDGMENT OF THE COURT</p><p class="ql-align-justify"><em>Samson Mumbaa Murigi, </em>the appellant was charged and convicted for the offence of defilement contrary to <em>Section 8 (1)</em> <em>as read with</em> <em>Section 8</em> <em>(3)</em> of the <em>Sexual Offences Act</em> in the Chief Magistrate’s Court at Thika.</p><p class="ql-align-justify">The particulars of the main charge were that on 26th February, 2016 at Gatea Village in Murang’a County, the appellant intentionally caused his penis to penetrate the vagina of PW1, a child aged 15 years.</p><p class="ql-align-justify">In convicting the appellant, the court relied on the evidence of the complainant PW1 and her mother PW2. According to PW1’s testimony, she was leaving a neighbour’s house when the appellant, who was also a neighbour invited her into his home. After a brief conversation about her education he proceeded to remove their clothes and defiled her. She then heard her mother yelling and banging on the door.</p><p class="ql-align-justify">PW2, JW, stated that she received a phone call from one Agnes instructing her to go to the plot as her daughter was in a boy’s house. She knocked on the door b…</p>