IN THE COURT OF APPEAL
AT MOMBASA
(Coram: Gachuhi, Gicheru and Cockar JJ A)
CRIMINAL APPEAL NO 111 OF 1992
GERISHOM OMBAKA .........................APPELLANT
VERSUS
REPUBLIC....................................RESPONDENT
(Appeal from a judgment of the High Court of Kenya at Mombasa
(Justice Shields) dated 20th November, 1991
in HC CR A No 413 of 1991)
JUDGMENT
Gerishom Ombaka the appellant, was charged before the Resident Magistrate’s Court in Mombasa with two counts of indecent assault on a female contrary to section 144 (1) of the Penal Code. He was convicted and sentenced to serve 5 years’ imprisonment with hard labour and to receive six strokes of the cane on each count. On appeal to the High Court his appeal on conviction was reduced to a term of three years’ imprisonment and one stroke of the cane on each count. The terms of imprisonment were to run concurrently.
The facts of the case are that PW3, the mother of the complainant in count 1 (PW1) gave evidence that on 5th March, 1991, as she w…