JUDGMENT OF THE COURT
On 1st July, 2003 the appellant was charged before the Resident Magistrate Kilifi with four counts namely, grievous harm contrary to Section 234 of the Penal Code (Count I); malicious damage to property contrary to Section 339(1) of the Penal Code (Count II); Assault causing actual bodily harm contrary to Section 251 of the Penal Code (Count III); Rape contrary to Section 140 of the Penal Code (Count IV) and an alternative count of indecent assault contrary to Section 144(1) of the Penal Code. The record of the trial magistrate shows that the charges in counts I, II, III and the alternative charge to count IV were read to the appellant to which he pleaded not guilty. However the record does not show that plea was taken in respect of count IV - that is rape charge. The trial magistrate after the trial convicted the appellant of three counts - namely count I, II, and IV. The appellant was however acquitted of the alleged offence of malicious damage to property in co…