JUDGMENT OF THE COURT
The appellant pleaded guilty to the charge of defilement contrary to section 8(1) of the Sexual Offences Act, No. 3 of 2006 before Senior Resident Magistrate Kitui and was sentenced to 15 years imprisonment. He appealed to the High Court sitting at Machakos against the sentence contending that the sentence prescribed by section 145 (1) of the penal code was a maximum of 14 years imprisonment and that the sentence was harsh and manifestly excessive.
At the hearing of the appeal, the state counsel asked the superior court to enhance the sentence saying that the sentence imposed was illegal as the prescribed sentence was 20 years imprisonment. The appellant there upon applied to withdraw the appeal but the application was rejected on the ground that the sentence imposed by the trial court was illegal and that the superior court had a duty to correct the error. The superior court ultimately set aside the sentence of 15 years imprisonment and in substitution imposed a s…