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JUDGMENT OF THE COURT
This appeal turns on the simple issue of compliance with the requirements of section 200(3) of the Criminal Procedure Code by the trial court and the consequences of non-compliance, if at all. That section provides, inter alia:-
“Where a succeeding magistrate commences the hearing of proceedings and part of the evidence has been recorded by his predecessor, the accused person may demand that any witness be re-summoned and reheard and the succeeding magistrate shall inform the accused person of that right.”
The appellant was on 23rd September, 2010 charged with the offence of defilement contrary to section 8(1)(3) of the Sexual Offences Act before the Senior Principal Magistrate’s court at Winam. That court was informed thatthe appellant, Anthony Otieno Ndonji had on the 14th September, 2010 at around 11:00pm in Manyatta area within Kisumu County, intentionally caused his penis to penetrate the vagina of MAH, a child aged 13 years, hereinafter “the complainant”. In t…