JUDGMENT OF THE COURT
Stanley Nkunja, the appellant herein, was charged with the offence of defilement contrary to section 8(1) as read with section 8(2) of the Sexual Offences Act, No. 3 of 2006, in the Principal Magistrate's Court at Maua. The particulars of the offence were that on 12th February 2008 in Igembe North District within the then Eastern Province, the appellant had unlawful and intentional penetration of VM a child under the age of 11 years.
The prosecution called a total of 5 witnesses in support of its case. It was the prosecution's case that on 12th February, 2008 at around 3:00 p.m., PW2, CM (C), sent her daughter, PW1, VM (V), to go and pick a sufuria from their hotel which was 100 metres from their home. Upon reaching the hotel v. found the appellant who had rented a room at the hotel, washing clothes. He followed her to the kitchen, grabbed her by her neck, and covered her mouth. He then placed her on top of a table, lifted her skirt upwards, and removed her panty. …