JUDGMENT OF THE COURT
Alex Mwagure, the appellant herein, was charged with and tried on one count of indecent assault contrary to section 144(1) of the Penal Code wherein it was alleged that on 8th day of November, 2003 at Migadini Village, Changamwe in Mombasa, the appellant indecently and unlawfully assaulted NN, a girl of the age of seven years, by touching her private parts. Upon conviction by a Senior Principal Magistrate at Mombasa, on 21st January, 2004, the appellant was sentenced to fifteen years imprisonment. The typed judgment of the magistrate shows at the end of it that the judgment was dated on 21st January, 2001, but that is obviously a typing mistake because the offence itself was alleged to have been committed on 8th November, 2003; the appellant’s trial started on 17th December, 2003 and was concluded on 7th January, 2004 when the appellant made his unsworn statement. The notes of the magistrate show that he reserved the judgment to 14th January, 2004 but it is obviou…