KIMBO LIGALE IBRAHIM V. REPUBLIC

JUDGMENT OF THE COURT

This is a second appeal. The appellant, Kimbo Ligale Ibrahim, was charged and convicted of the offence of defilement of a girl contrary to section 145 (1) of the Penal Code and sentenced to 23 years imprisonment with hard labour by the Senior Principal Magistrate’s Court at Kitale on 17^th August, 2005. He appealed against both conviction and sentence to the superior court (Ochieng, J) who dismissed the appeal against both conviction and sentence.

Aggrieved by that decision, the appellant, who is unrepresented, appealed to this court citing eleven home-made grounds. However, when he appeared before us, he withdrew his appeal against conviction, and confined his appeal against sentence only. He urged this court to reduce his sentence to five years, arguing that the sentence of 23 years imprisonment was too harsh. Ordinarily that would be an issue outside the jurisdiction of this Court since severity of sentence is a question of fact by dint of section 361 (1) (a) of …