JUDGMENT OF THE COURT
The appellant, FRANCIS MASINDANO MAKOKHA was the second accused, in a case before the Senior Principal Magistrate at Kitale, in which he and a co-accused, JACKTONE WANYONYI, (1st Accused) whose appeal is not before us, were jointly charged with the offence of attempt to procure abortion contrary to Section 158 of the Penal Code. The appellant’s co-accused faced a second count of assault causing actual bodily harm contrary to Section 251 of the Penal Code.
The trial was commenced by Mrs. S.M. Shitubi, a Senior Resident Magistrate. She heard the prosecution case, but for some unexplained reason she ceased to exercise jurisdiction over the case. Another Magistrate, H.I. Ong’udi, Senior Principal Magistrate, took over the trial, heard the defence case after complying with the provisions of Section 200 of the Criminal Procedure Code and thereafter gave judgment. She found both accused guilty of the first count and sentenced both accused to an imprisonment term of 7 year…