REPUBLIC OF KENYA
Karamja v. Republic
Court of Appeal, at Nakuru March 11, 1985
Madan, Hancox and Nyarangi, JJA
Criminal Appeal No 161 of 1984
(Appeal from the High Court at Nakuru, Masime J)
March 11, 1985, Madan, Hancox and Nyarangi, JJA delivered the following Judgment.
The appellant on this second appeal was convicted by the resident magistrate Nyahururu,
of the offence of defilement contrary to section 145(1) Penal Code and sentenced to five
years imprisonment and seven strokes corporal punishment.
The charge, as substituted, was one of rape with an alternative one of indecent assault.
This was preferred during the course of the hearing and substituted for the original of
attempted rape. Accordingly, it was not in law open for the magistrate with one another,
for section 179(1) of the offence of which it is proposed to convict the cognate with the
There is a further difficulty. Having obtained an admission to the original charge of
attempted rape, the magistrate t…