JACKSON NJENGA NGUNYA V. REPUBLIC

JUDGMENT OF THE COURT

Background

[1] Jackson Njenga Ngunya (the appellant), was charged and convicted of the offence of defilement of a boy aged 10 years contrary to Section 8(1) as read with Section 8(2) of the Sexual Offences Act.

[2] The particulars of the offence were that on 26th and 27th May 2010 in Githunguri District within the then Central Province within Kiambu County, the appellant unlawfully caused his penis to penetrate the anus of JM (name withheld) a boy aged 10 years.

[3] The trial court convicted the appellant and sentenced him to life imprisonment. Aggrieved by the said conviction and sentence, the appellant preferred an appeal to the High Court. The High Court (Kimaru, J.) dismissed the appeal and upheld the conviction and sentence.

[4] Undeterred, the appellant preferred a second appeal to this Court. In his supplementary grounds of appeal, the appellant who was unrepresented, impugned the judgment of the first appellate court on the grounds that the learned Judge erred…