SAMWEL MBUGUA KIHWANGA V. REPUBLIC

JUDGMENT OF THE COURT

The appellant Samwel Mbugua Kihwanga was arraigned before the Senior principal Magistrate’s Court at Naivasha on two counts of defilement contrary to section 8(1)(3) of the Sexual Offences Act No. 3 of 2006. The particulars for count 1 were that on the 17^th day of December 2009 at about 10.30 am at [particulars withheld] village within Nyandarua South District Central Province he did cause his penis to penetrate the vagina of G W W. a girl aged 9 years. Those for count II were that on the same date and place he did cause his penis to penetrate the vagina of D W N. a girl aged 9 years. The appellant also faced alternative counts of indecent act contrary to section 11(1) of the Sexual Offences Act No. 3 of 2006 in that on the same date place and time he did commit indecent act with G W W. by touching her vagina and D W N. also by touching her vagina.

The appellant denied all the counts prompting a trial in which the prosecution called six (6) witnesses to prove its c…