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JUDGMENT OF THE COURT
ROBERT OMBUI MAGERO (herein after referred to as the appellant) was originally charged before the Principal Magistrate’s Court at Kericho with two counts of defilement contrary to Section 145(1) of the Penal Code. He also faced two alternative counts of indecent assault of a girl aged below sixteen years. He denied the main as well as the alternative charges. The matter went to full hearing with the prosecution calling a total of six witnesses. On his part, the appellant made an unsworn statement of defence and called no witnesses. He was found guilty and convicted on both principal counts and sentenced to life imprisonment on each count with the sentences running concurrently. Being aggrieved by the conviction and sentence, he filed an appeal before the High Court. The High Court (Ang’awa and Mugo JJ) heard the appeal but dismissed the same. They affirmed the conviction and sentence of the trial court but added another order to the following effect:
“We order that…