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Joseph Karanja Mungai v. Republic

(2006) JELR 105160 (CA)

Court of Appeal  •  Criminal Appeal 157 of 2003  •  10 Nov 2006  •  Kenya

Emmanuel Okello O'Kubasu, Philip Nyamu Waki, William Shirley Deverell



The appellant herein, Joseph Karanja Mungai, was convicted by the learned Senior Resident Magistrate at Kikuyu (Mrs. A. N. Ongeri) on three counts of attempted defilement of a girl contrary to section 145(2) of the Penal Code. It was alleged that on 23rd February, 2001 at [Particulars withheld] Village in Kiambu District within the Central Province, the appellant attempted to have carnal knowledge of three young girls, namely WK, MW and NM. The three girls were all under the age of 14 years. Upon conviction, the appellant was sentenced to seven (7) years imprisonment on each count and the sentences were ordered to run concurrently. This was pursuant to the trial magistrate’s judgment delivered on 23rd November, 2001. The appellant’s appeal to the superior court was dismissed by Tuiyot J, in a judgment delivered on 3rd October, 2002.

From the record of the trial court, it is to be observed that the appellant’s convictions on the three counts were based on the eviden…

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