M K V. REPUBLIC

JUDGMENT OF THE COURT

1. The appellant herein did not file a “Memorandum of Appeal” as required under the Rules of this Court, but instead, placed on record what he calls “Mitigation Appeal” and listed thereunder eight items which all amount to a plea for mercy. He states that he was remorseful and apologetic; regrets what happened to the complainant; suffers from ulcers; is 57 years old, married with children; has studied the Bible in prison and for those reasons he deserves a non custodial sentence in order to reconstruct his life. At the hearing of the appeal he explained that he was not challenging his conviction, but was pleading with the court to reduce the sentence meted out by the High Court which he considers excessive as it did not consider the period already served in detention since his arrest.

2. The appellant was charged, tried and convicted by Embu Principal Magistrate (L. K. Mutai) for the offence of incest contrary to Section 20 (1) of the Sexual Offences Act (SOA). It …