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Julius Irungu Wanu v. Republic

(2012) JELR 100474 (CA)

Court of Appeal  •  Criminal Appeal 231 of 2008  •  5 Jul 2012  •  Kenya

Coram
Kalpana Hasmukhrai Rawal, Martha Karambu Koome

Judgement

JUDGMENT OF THE COURT

The appellant Julius IrunguWanu was charged with offences of attempted murder and rape of the complainant MWM before Senior Principal Magistrate’s Court at Murang’a. After trial the learned Magistrate convicted him on both counts and sentenced him to serve 20(twenty) years of imprisonment on each count and the sentence to run concurrently.

The appellant was aggrieved and filed an appeal before the High Court at Nyeri, were upheld. The appeal was dismissed and the conviction and the sentence. This second appeal thereafter was filed and the appellant has filed the following grounds of Appeal

1.That the 1st appellant court erred in points of law in upholding the trial record conviction ignoring section 72 (3) and (b) of the Constitution was breached (sic) before reasonably calculating that a space of more than six (6) clear days in absent of any reason given by the prosecution remains a total violation of the afore section of law.

2.That the 1st appellant court judge er…

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