JAMES GICHUKI MAGU V. REPUBLIC
(2016) JELR 104290 (CA)
Court of Appeal
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Criminal Appeal 124 of 2014
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11 Mar 2016
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Kenya
Coram
Milton Stephen Asike Makhandia, William Ouko, Kathurima M'inoti
Judgement
<p class="ql-align-center">JUDGMENT OF THE COURT</p><p class="ql-align-justify">The appellant and another were jointly tried for the offence of gang rape contrary to section 10 of the Sexual Offences Act, convicted and sentenced by the trial Magistrate to serve 10 years imprisonment each. They appealed to the High Court, but the appeal by the 2<sup>nd</sup> appellant was withdrawn before the hearing, while that brought by this appellant was dismissed. In dismissing the appeal the learned Judge (Meoli, J) noted that the sentence of 10 years imprisonment was illegal and corrected it by substituting it with 15 years imprisonment. Although the appeal by the 2<sup>nd</sup> appellant in the High Court had been withdrawn, the learned Judge, though alive to this fact, proceeded to set aside the illegal sentence in respect of a party who was not before her and substituted it with 15 years imprisonment.</p><p class="ql-align-justify">The appellant now brings this second appeal to this Court contending that the learned Judge relied on inconsistent and uncorroborated evidence; that the existence of a grudge…</p>