IN THE COURT OF APPEAL
AT NAKURU
( Coram:Kneller JA, Chesoni and Nyarangi Ag JJA )
CRIMINAL APPEAL NO. 36 OF 1984
BETWEEN
MUITA THUMI...........................................................................APPELLANT
AND
REPUBLIC..........................................................................RESPONDENT
(Appeal from the High Court at Nakuru,Masime J)
JUDGMENT
Muita Thumi, the appellant, was convicted of indecent assault on a female contrary to section 144(1) of the Penal Code (cap 63) and sentenced to five years’ imprisonment with hard labour and twelve strokes of corporal punishment. He appealed to the High Court against conviction and sentence on the grounds that Hanah Wanjiku (PW 1) and Richard Wandiga (PW 2) lied to the court when they said that when they responded to the complainant’s cry for help they stood outside the appellant’s house; there was no medical evidence of rape; there was no medical evidence to prove the charge of indecent assault; he was not allowed to defend hims…