<p class="ql-align-center">JUDGMENT OF THE COURT</p><p class="ql-align-justify"><em>Gilbert Shikondi</em>, the appellant was after trial convicted by the Chief Magistrate at Kakamega (<em>H.I. Ong&#x27;udi,</em> (<em>as she then was)</em> of defilement of a girl contrary to <em>section 8</em> <em>(1)</em> as read with <em>section 8 (4)</em> of the Sexual Offences Act No.3 of 2006 and sentenced to serve 15 years imprisonment. His first appeal to the High Court at Kakamega <em>(Lenaola, J.)</em> was summarily dismissed on 29^th September, 2010.</p><p class="ql-align-justify">The appellant had lodged before the High Court grounds of appeal in his Petition of Appeal and now challenges before us the medical evidence adduced at the trial, his identification and failure to call essential witnesses.</p><p class="ql-align-justify">When <em>Mr. Abele,</em> learned Assistant Director of Public Prosecutions, addressed us, but he was apparently not aware that the appellant&#x27;s appeal before the High Court had been summarily rejected. However, when we alerted learned counsel of that position, he was of the opinion that the summary dismissal was wrong. The learned Assistant D.P.P. was, in our view,…</p>