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James Ng'ang'a Njau v. Republic

(2016) JELR 101097 (CA)

Court of Appeal  •  Criminal Appeal 28 of 2015  •  30 Sep 2016  •  Kenya

Coram
Erastus Mwaniki Githinji, Sankale ole Kantai, Fatuma sichale

Judgement

JUDGMENT OF THE COURT

The appellant was convicted by Senior Principal Magistrate, Kiambu, of the offence of Rape contrary to section 3(1) of the Sexual Offences Act and sentenced to life imprisonment. His appeal to the High Court against conviction and sentence was dismissed. He filed a memorandum of appeal in person, which shows that his appeal is against the entire decision of the High Court. However, Mr. Amutallah Robert Julius, upon appointment as counsel for the appellant, filed a supplementary memorandum of appeal containing four grounds of appeal. At the hearing, the appellant’s counsel abandoned the grounds of appeal in the original memorandum of appeal and relied on the grounds in the supplementary memorandum of appeal. He intimated that the appeal is against sentence only.

At the trial, P W M, the complainant who was 68 years of age testified that on the night of 17th February 2009, the appellant who was armed with a panga broke into her mud-walled hut where she was living alo…

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