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(1984) JELR 105028 (CA)

Court of Appeal  •  crim app 36 of 84  •  24 Sep 1984  •  Kenya

Zakayo Richard Chesoni, James Onyiego Nyarangi, Alister Arthur Kneller



Muita Thumi, the appellant, was convicted of indecent assault on a female contrary to Section144(1) of the Penal Code 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, H.W (PW1) and R.W (PW2) 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 himself; the trial court did not consider the fact that had it been true that he committed rape, the matter would have been reported immediately and the sentence is long. Masime J dismissed the appeal summarily under Section 352(2), but the appellant has not complained about the order for summary rejection in his appeal to this Court. The grounds that related to rape were ir…

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