JUDGMENT OF THE COURT
The less said about the facts and circumstances relating to the appeal before us the better, since learned Principal State Counsel, Ms Oundo concedes, and we agree, that it ought to be remitted to the superior court for hearing.
On 1st August, 2008, James Osiema Abongo, the appellant was convicted by Kisumu Principal Magistrate, Mrs. Onginjo, for the offence of defilement contrary to section 8 (2) of the Sexual Offences Act, No. 3 of 2006. It had been alleged in the charge sheet that on the 18th day of October, 2007 in Kisumu District, the appellant caused penetration with his genital organ to the genital organ of a child namely M.A.A aged 10 years. Upon his conviction he was sentenced to serve a prison term of 20 years.
The appellant was aggrieved by both the conviction and sentence, and he intended to challenge it in the High Court. One week later on 8th August, 2008, he filed a petition of appeal putting forward the following grounds:-
“(1) That the Magistrate err…