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Karamja v. Republic

(1985) JELR 105054 (CA)

Court of Appeal  •  crim app 161 of 84  •  11 Mar 1985  •  Kenya

Joseph Raymond Otieno Masime, James Onyiego Nyarangi, Alan Robin Winston Hancox, Chunilal Bhagwandas Madan



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

offence charged.

There is a further difficulty. Having obtained an admission to the original charge of

attempted rape, the magistrate t…

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