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George Otieno Okumu v. Republic

(2014) JELR 98337 (CA)

Court of Appeal  •  Criminal Appeal 530 of 2010  •  21 Mar 2014  •  Kenya

Erastus Mwaniki Githinji, Daniel Kiio Musinga, Sankale ole Kantai



The appellant, George Otieno Okumu, was charged and convicted of the offence of rape by the learned trial magistrate (E. K. Mwita) and was sentenced to serve twenty years imprisonment in the judgement deliver.ed on 2Pt January 2008. His first appeal was dismissed by the High Court (Asike- Makhandia, J- as he then was) on 30th November, 2010.

In the Memorandum of Appeal to this court the appellant in essence states that since conviction and sentence he has reformed and changed his ways and thus prays that we reduce or review the sentence imposed by the trial court. He further states that he does not challenge conviction and sentence at all.

Section 361 (1) (a) of the Criminal Procedure Code limits our jurisdiction to issues of law only and severity of sentence is a matter of fact. The maximum sentence for the offence of rape in the Penal Code is life imprisonment.

The appellant was sentenced to serve twenty years imprisonment after he was convicted of the offence of …

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