JOHN ELIMLIM V. REPUBLIC

JUDGMENT OF THE COURT

This is a second appeal on sentence only and therefore by dint of section 361 of the Criminal Procedure Code, it can only be a valid appeal if it challenges the legality of the sentence and not the severity of it.

The appellant appeared before Nyahururu Principal Magistrate’s Court on 3^rd November, 2003 for a plea on three counts alleged in the charge sheet namely; Robbery contrary to section 296 (1) of the Penal Code; Attempted rape contrary to section 141 of the Penal Code; and Robbery contrary to section 296 (1) of the Penal Code . He unequivocally pleaded guilty to those charges and further accepted as true, the following facts as put forward by the prosecution:

“On the 02/10/03 at 5.00 p.m. the complainants in this case were within G area in Aiyum area and they were confronted by the accused. He dragged them to a nearby bush after threatening them with an iron bar. He robbed the 1^st complainant 3 pullovers, 1 skirt, 1 blouse, 1 pair of rubber shoes, 4 radio com…