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Julius Waweru Pleuster v. Republic

(2009) JELR 100431 (CA)

Court of Appeal  •  Criminal Appeal 177 of 2006  •  2 Oct 2009  •  Kenya

Samuel Elikana Ondari Bosire, Alnashir Ramazanali Magan Visram, Philip Nyamu Waki



JULIUS WAWERU PLEUSTER, the appellant, has come to this Court on second appeal, to challenge his conviction by the court of the Principal Magistrate, at Nyahururu, for an offence under section 162(a) of the Penal Code. The Particulars of the charge against him read as follows:

“On the 17th day of September 2003 at Kinamba trading centre in Laikipia District within the Rift Valley Province had carnal knowledge of DM, against the order of nature.”

This being a second appeal only issues of law fall for consideration. Seven grounds of appeal have been set out in the appellant’s home made memorandum of appeal. The first ground attacks a finding of fact and so do the second, third and fourth grounds. The fifth, sixth and seventh grounds state as follows:

“5. That the learned judge erred in matter of law and fact when he upheld the conviction without considering an essential witness (mama Peris) was not summoned to testify thus the case was not proved beyond reasonable doub…

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