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Bonface Ngeiywo Samtom v. Republic

(2013) JELR 106835 (CA)

Court of Appeal  •  Criminal Appeal 696 of 2010  •  17 Oct 2013  •  Kenya

Coram
David Kenani Maraga, William Ouko, Jamila Mohammed

Judgement

JUDGMENT OF THE COURT

Upon pleading guilty to a charge of defilement of a child aged 5 years, the appellant was sentenced by the learned trial magistrate (J.O. Magori, RM) to 30 years imprisonment. The appellant's first appeal to the High Court at Bungoma was dismissed. In dismissing that appeal, the learned Judge (Muchemi J), held that the sentence of 30 years was illegal as Section 8 (2) of the Sexual Offences Act provides for a life imprisonment where, as in the case before her, the victim was 11 years or less. The learned Judge consequently enhanced the sentence to life imprisonment.

Aggrieved by this turn of events, the appellant now brings this second appeal on the following condensed grounds;

(i) that the appellant, a Saboat by tribe did not understand the English and Kiswahili languages used when the plea was taken,

(ii) that the trial court failed to warn the appellant of the consequences of pleading guilty to the offence charged.

(iii) that the judgment of the High Court was not …

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