HILLARY NYONGESA V. REPUBLIC

JUDGMENT

The Appellant was convicted of the offence of defilement of a girl aged 15 years and was found guilty and sentenced to serve a term of imprisonment of 30 years. He has appealed against conviction as well as sentence. The grounds of Appeal are:-

1. That the Learned Magistrate erred in law and fact in finding that the prosecution had proved its case beyond reasonable doubt in spite of the glaring lack of evidence.

2. That the learned magistrate erred in law and fact by dismissing the evidence tendered in defence by the Appellant.

3. That the learned trial magistrate erred in law and fact by failing to conclusively ascertain the actual age of the complainant.

4. That the learned trial magistrate erred in law and in fact in admitting in evidence documents that do not support the charge.

5. That the Learned trial magistrate erred in law by convicting the Appellant on the basis of a defective charge sheet.

6. That the learned magistrate erred infact by handling the Appellant a harsh sent…