MBUVI KABWERE LAWRENCE V. REPUBLIC

JUDGMENT

1. Mbuvi Kabwere Lawrence, the appellant, was convicted before the Chief Magistrates’ Court at Malindi for the offence of defilement of a child aged 8 years contrary to section 8(2) of the Sexual Offences Act and sentenced to life imprisonment. Aggrieved by the said decision, he preferred an appeal to the High Court, which appeal was unsuccessful, hence this second appeal before us challenging the sentence only, as per his amended grounds of appeal on record.

2. This being a second appeal, our role was succinctly set out in Karani v. R [2010] 1 KLR 73 where this Court expressed itself as follows: -

   “This is a second appeal. By dint of the provisions of section 361 of the Criminal Procedure Code, we are enjoined to consider only matters of law.”

   See also M’Riungu v Republic [1983] KLR 455. Under that section, severity of sentence is a matter of fact.

3. The brief background of the case is that on diverse dates between August and 3rd December 2010, the appellant in Watamu Location within Kil…