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Joseph Opondo Onago v. Republic

(2000) JELR 104276 (CA)

Court of Appeal  •  Criminal Appeal 91 of 1999  •  19 Jan 2000  •  Kenya

Coram
Johnson Evan Gicheru, Amrittal Bhagwanji Shah, Bernard Chunga

Judgement

JUDGMENT OF THE COURT

The appellant Joseph Opondo Onago, was charged with and tried for the offence of indecent assault of a female, contrary to S.144(1) of the Penal Code, Chapter 63, Laws of Kenya in the Resident Magistrate's Court of Mombasa.

The particulars of the offence alleged that on the 4th day of October, 1998 at [Particulars Withheld] in Mombasa district within Coast Province, the appellant unlawfully and indecently assaulted one P A by touching her private parts.

After the trial, the appellant was, eventually convicted as charged and sentenced to 3 years imprisonment with 2 strokes of the cane by the Resident Magistrate on 18th March, 1999. Following his conviction and sentence as aforesaid, the appellant appealed to the High Court Mombasa against both conviction and sentence. He was unrepresented and therefore prepared and filed his grounds of appeal in person.

The appellant's appeal and the lower court record came before Waki, J. who, after perusal of the lower court record …

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