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JUDGMENT
The appellant was charged in Mumias Senior Principal Magistrate’s Court Sexual Offence Case No. 9 of 2017 with the offence of defilement contrary to section 8(1) as read with section 8 (3) of the Sexual Offences Act No. 3 of 2006. The particulars of the offence are that on diverse dates between 10th January 2017 and 23rd January 2017 at Eluosambu area Lubinu location in Mumias East Sub County in Kakamega County, he intentionally caused his penis to penetrate the vagina of GAS a child aged 13 years. The appellant also faced an alternative charge of committing an indecent act with a child contrary to section 11(1) of the Sexual Offences Act. He was tried and convicted on the main count and sentenced to 10 years imprisonment.
In his application dated 28th May 2021 filed under Certificate of Urgency in the High Court of Kenya at Kakamega, the appellant sought an order for extension of time to file an appeal out of time against the decision of the trial court. He also sought an orde…