<p class="ql-align-center"><strong>JUDGMENT OF THE COURT</strong></p><p class="ql-align-justify">The appellant, <em>Wilson Ndirangu King’ori</em>, was charged before the Principal Magistrate’s Court at Othaya with the offence of attempted defilement contrary to <em>Section 9 (1) (2)</em> of the <em>Sexual Offence Act No. 3 of 2006</em>, particulars being that on 8^th day of September, 2014 in [particulars withheld] village in Nyeri Sub-County within Nyeri County, he intentionally and unlawfully attempted to cause his penis to penetrate the vagina of LWM, a child aged 3 1⁄2 years. In the alternative charge he was charged with indecent act with a child contrary to <em>Section 11 (1)</em> of the said <em>Act </em>the difference in particulars in the alternative charge from the main charge being that he intentionally and unlawfully touched the vagina of the said child. He pleaded not guilty and a trial took place before R. K. Langat, Resident Magistrate. At the close of the prosecution case, the learned magistrate found that the prosecution had failed to establish a <em>prima facie</em> case against the appellant on …</p>