JAMES KAROKI WANGECI V. REPUBLIC

JUDGMENT OF THE COURT

This is a second appeal by James Karoki Wangeci, who was convicted by Kangema Senior Resident Magistrate (S. N. Mbungi) for the offence of attempted defilement of a child contrary to section 9(1)(2) of the Sexual Offences Act, No. 3 of 2006 (the Act). Upon his conviction he was sentenced to serve ten years imprisonment which is the minimum sentence under that section. His first appeal to the superior court (Kasango, J.) was dismissed, hence this final appeal which may only raise issues of law for consideration. The appellant conducted his appeal in person and referred us to his memorandum of appeal filed on 2^nd September 2009 containing four grounds. At the hearing of the appeal, he produced another document referred to as “Amended and Supplementary Grounds of Appeal” and simply asked us to look at those documents as he had little else to say.

In summary, both documents complain that:

· there was an original charge sheet relating to the main offence of defilement …