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Kioko Kimata Mutuku v. Republic

(2011) JELR 105411 (CA)

Court of Appeal  •  Criminal Appeal 178 of 2010  •  11 Feb 2011  •  Kenya

Riaga Samuel Cornelius Omolo, John walter Onyango Otieno, Joseph Gregory Nyamu



In the trial court before (the Principal Magistrate Makueni,) the appellant, Kioko Kimata Mutuku was charged with committing unnatural offence contrary to section 162(a) of the Penal Code. The particulars of the offence were that on 4th June 2007 at [patrticulars withheld] location, Kathonzweni Division in Makueni District, he had carnal knowledge of M. M against the order of nature. After a full trial the trial court convicted him and sentenced him to serve fifteen (15) years imprisonment. Aggrieved by the conviction and sentence, the appellant filed an appeal in the superior court and in the petition he raised the following grounds:-

1. “That the learned magistrate erred in law and in facts in convicting me for an offence which was not proved beyond reasonable doubt. 2. That the learned magistrate erred in law and in facts by meeting (sic) out sentence which is manifestly excessive against the appellant. 3. That the learned magistrate erred in law and in facts in…

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