KENNEDY LUSAKA WANJALA V. REPUBLIC

JUDGMENT OF THE COURT

Kennedy Lusaka Wanjala was convicted by Kitale Senior Principal Magistrate, Mrs. Juma, for the offence of rape contrary to section 140 of the Penal Code. The particulars of the charge were as follows: -

“On the 7^th night of July, 2005 at M. Estate, Kitale, of Trans Nzoia district within the Rift Valley Province unlawfully had carnal knowledge of LM without her consent.”

Upon his conviction, he was sentenced to serve 30 years imprisonment. His appeal to the superior court (Ochieng J.) was dismissed, hence this second and final appeal. The appellant has been unrepresented throughout and it is understandable therefore that in this second appeal he has raised issues of fact and mixed facts and law upon which the two courts below made concurrent findings. This Court is not at liberty to indulge in fresh evaluation of the evidence unless the concurrent findings are perverse. As was stated in M’riungu v. Republic [1983] KLR 456:

“Where a right of appeal is confined to quest…