JUDGMENT OF THE COURT
This is a second appeal, against both conviction and sentence.
The appellant, Sammy Ngawasa Longori, was charged with three counts of rape, six counts of assault causing actual bodily harm, one count of grievous harm and one count of house breaking. In a Judgment handed down on 30th December, 2003 by the Senior Principal Magistrate’s court at Kitale [H. I. Ong’udi (Mrs)], he was convicted on three counts (2, 4 and 11). However, in delivering the sentences on 30th January, 2004, the learned magistrate went ahead and sentenced him on all counts (except count 1). Although nothing much turns on this error, it is unfortunate that the superior court, being the first appellate court also overlooked this error, and proceeded to endorse the sentences even on those counts for which the appellant was not found guilty. As the ultimate sentence imposed was “life sentence” in respect of count 2 (rape), the superior court went ahead and suspended the sentences on all other counts…