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Nelson Magomere Ambetsa v. Republic

(2015) JELR 105113 (CA)

Court of Appeal  •  Criminal Appeal 516 of 2010  •  6 Nov 2015  •  Kenya

David Kenani Maraga, Daniel Kiio Musinga, Agnes Kalekye Murgor



This is a second appeal from the original conviction and sentence of the appellant in the Chief Magistrate's Court at Kisumu, Criminal Case No. 474 of 2007, where the appellant faced two counts. The first one was of rape contrary to section 3 (1) (a) and (b) as read with section 3 (3) of the Sexual Offences Act and the second one was causing grievous harm contrary to section 234 of the Penal Code. The offences were committed on 3rd September, 2007 against J D, the complainant.

The appellant was convicted on both counts and sentenced to 15 years' imprisonment on the first count and 3 years' imprisonment on the second one but the sentences were to run concurrently.The first appeal to the High Court was unsuccessful. As a matter of fact the High Court, (Ali-Aroni, J.) found the sentence that had been passed by the trial court was very lenient and without any cross appeal or notice of enhancement of sentence having been served upon the appellant, the High Court enhanceā€¦

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