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NICODEMUS KILONZO NDAMBUKI v. REPUBLIC

(2004) JELR 98662 (CA)

Court of Appeal  •  crim case 193 of 04  •  31 May 2004  •  Kenya

Coram
John Wycliffe Mwera

Judgement

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT MOMBASA

APPELLATE SIDE


H.C.CR. APPEAL NO.33 OF 2004

(Being an appeal from Original Criminal Conviction and sentence in Criminal Case

No.193 of 2004 of the Senior Resident Magistrate's Court at Kwale –L.N. Mbatia, SRM)

NICODEMUS KILONZO NDAMBUKI....................................................... APPELLANT

VERSUS

REPUBLIC.................................................................. RESPONDENT

Coram: Before Hon. Justice Mwera

Monda for the State

Accused person in person – present

Court clerk – Sango

J U D G E M E N T

The appellant was charged under S.145 (1) Penal Code in that on 18- 1-2004 at Bando Village, Kwale he had carnal knowledge of Mupa Malau a girl under the age of 16 years.

On being charged he pleaded guilty and after a plea that is apparently unequivocal, a sentence of 20 years imprisonment with hard labour was handed down. He appealed against the sentence. At the hearing of the appeal, the appellant urged the court to red…

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