JUDGMENT OF THE COURT
[1] The appellant appeals from the judgment of the High Court (Mirima, J) dismissing the appellant’s appeal against conviction and sentence on one count of defilement and one count of escape from lawful custody.
[2] The appellant who was an elected member of Migori County Assembly, was charged before the Senior Resident Magistrate’s court at Kehancha with the offence of defilement contrary to section 8(1) as read with section 8(3) of the Sexual Offences Act, with an alternative count of committing an indecent act with a child contrary to section 11(1) of the Sexual Offences Act and a second count of escape from lawful custody contrary to section 123 as read with section 36 of the Penal Code. He denied the offence. On his application, the High Court transferred the case to Rongo Principal Magistrate’s court for trial.
[3] The particulars of the main offence in the first court alleged that on 11th May 2014, at [particulars withheld], shopping center, the appellant def…