JUDGMENT OF THE COURT
On the 26th June, 2003, the appellant, Joshua Ntonja Mailanyi, appeared before a First Class District Magistrate (D.J. Nyaga, Esq.) at Tigania, charged with the offence of defilement of a girl contrary to section 145 (1) of the Penal Code. The particulars of that offence were that on the 21st day of June, 2003 at K[...] Location of Meru North District of the Eastern Province, the appellant had unlawful carnal knowledge of D K, a girl under the age of fourteen (14) years. The appellant pleaded not guilty to that charge and the Magistrate ordered that the case be heard on 28th July, 2003; in the meantime the appellant was to be released on cash bail of K.shs.10,000/- or on a bond of K.shs.50,000/- with one surety in similar amount. On 10th July, 2003, the appellant again appeared before the same Magistrate and as at that date the appellant had an advocate, one Mr. Kimathi, to conduct his defence. The trial of the appellant eventually started before A. K. Kaniaru, Se…