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…