JUDGMENT OF THE COURT
1. The appellant was convicted by the Principal Magistrate’s Court at Garissa on his own plea of guilty to a charge of defilement of a boy aged under 10 years contrary to section 8(1) of the Sexual Offences Act. He was sentenced to life imprisonment as by law required. It is important to note that immediately after he pleaded guilty to the said charge, the trial magistrate warned the appellant of the consequences of such a plea and thereafter read the charge again, to which the appellant still pleaded guilty.
2. The facts of the case were read to the appellant and he affirmed that they were true. The trial court gave the appellant opportunity to mitigate before it passed sentence, as required under the law. The appellant stated:
“I committed the offence because of problems. I have prayed court to forgive me. I will never repeat it.”
3. In passing sentence, the learned magistrate had no discretion to exercise, in view of the provisions of section 8(2) of the Sexual Of…