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Joseph Etabo v. Republic

(2009) JELR 103810 (CA)

Court of Appeal  •  Criminal Appeal 283 of 2007  •  29 May 2009  •  Kenya

Alnashir Ramazanali Magan Visram, Philip Nyamu Waki, John walter Onyango Otieno



This is a second appeal. The appellant, Joseph Etabo, was charged and convicted on his own plea of guilty of the offence of attempted rape contrary to section 141 of the Penal Code, and sentenced to 20 years imprisonment by the Chief Magistrate at Kitale on 29th September, 2006. He appealed against both conviction and sentence to the superior court (Ochieng, J.) who dismissed the appeal against both conviction and sentence.

Aggrieved by that decision, the appellant, who is unrepresented, appealed to this court on the following home-made grounds:

“1. THAT Your lordships I had never been arrested or arraigned in court before therefore when my pleas (sic) was taken I was under difficult circumstances (sic)and subjected to mental torture.

2. THAT I pleaded guilty due to confused minds (sic).

3. THAT I did not commit the offence.

4. THAT I plead for leniency for a fair trial.” (sic)

These grounds are almost exactly the same as those that formed the basis of the appellant’s f…

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