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JOHN MUGO V. REPUBLIC

(2016) JELR 104751 (CA)

Court of Appeal  •  Criminal Appeal 3 of 2015  •  3 Feb 2016  •  Kenya

Coram
Philip Nyamu Waki, Roselyn Naliaka Nambuye, Hannah Magondi Okwengu

Judgement
<p class="ql-align-center">JUDGMENT OF THE COURT</p><p class="ql-align-justify">JOHN MUGO, the appellant before us, was charged, tried and convicted by Baricho Principal Magistrate, (Hon. E. K. Keago) of two counts of defilement contrary to Section 8(1)(2) of the Sexual Offences Act. It was alleged that on the 31<sup>st</sup> December 2011, at about 6.00 pm, he had intentionally caused his penis to penetrate the vaginas of two female children <em>B.W</em> and<em> J.W</em> aged six years. Upon his conviction, he was sentenced on each count to serve life imprisonment, which is the minimum sentence for such an offence. His first appeal to the High Court (Olao J.) was dismissed, hence this second and last appeal.</p><p class="ql-align-justify">The appellant has not had any legal representation before any of the courts, and has obviously been handicapped in putting across his case in a manner that strictly complies with the Rules of the Court. Nevertheless, there is no compulsion in employing legal counsel and the court has a duty to treat all parties who come before court equally. In this appeal, he submit…</p>

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