<p class="ql-align-justify">JUDGMENT OF THE COURT</p><p class="ql-align-justify">1. The appellant, Teddy Kawire Odero, was charged before the Senior Principal Magistrate’s Court, Makadara, with the offence of defilement contrary to Section 8(1) (3) of the Sexual Offences Act, No. 3 of 2006. The particulars of the offence were that on the 2nd day of August 2007 at [particulars withheld] Estate Phase Four, Nairobi within Nairobi area committed an act which caused penetration with his genital organ into the female genital organ of MNW, a child aged 13 years.</p><p class="ql-align-justify">2. He was also charged with an alternative count of committing an indecent act with a child contrary to Section 11(1) of the same Act the particulars being that on the 2nd day of August 2007 at [particulars withheld] Estate Phase Four, Nairobi within Nairobi area, he intentionally and unlawfully committed an indecent act with MNW, a child aged 13 years, by touching her private parts (vagina).</p><p class="ql-align-justify">3. In brief, the case against the appellant as established by the evidence led before the trial court w…</p>