JUDGMENT OF THE COURT
It is necessary that we explain why a matter that began in 1997 before the subordinate court is being decided on a second appeal sixteen years later.
For reasons that are not clear from the record, though the offence was committed in Vihiga District in the former Western Province, the appeal to the High Court was filed and heard in Nairobi. The trial in Vihiga Senior Resident Magistrate's Court took almost 11⁄2 years, between 4th March, 1997 and 13th August, 1998 when the judgment was delivered. The appeal to the High Court was filed without delay on 24th September, 1998. Again for reasons that are not recorded, it would appear that that appeal was heard twice; first by Oguk and Mitey, JJ on 15th June, 2000 and judgment reserved for 27th July, 2000.
The next record is that of 16th May, 2003 before Mbaluto,J allocating 26th June, 2003 as the hearing date. On the scheduled date, the appeal was heard by him (Mbaluto, J) and Onyancha, J. and the judgment giving rise to …