PAUL KINYANJUI KIMAUKU ALIAS GEORGE V. REPUBLIC

JUDGMENT OF THE COURT

[1] Paul Kinyanjui Kimauku alias George who is the appellant before us, was tried and convicted in the Magistrate’s Court at Limuru, for the offence of Defilement under section 8(1) of the Sexual Offences Act. He was sentenced to life imprisonment. Being aggrieved, he appealed to the High Court. The appeal was heard by Mbogholi, J. who in a judgment delivered on 13^thMarch, 2013, dismissed the appeal. The appellant is now before us in a second appeal.

[2] During the hearing of his appeal, the appellant relied on an amended memorandum of appeal in which he raised 8 grounds. In a nutshell, the appellant contends that the learned Judge of the High Court erred in failing to critically re-evaluate the evidence adduced in the lower court, and as a result arrived at erroneous conclusions such as the identification of the appellant. Further, that the learned Judge upheld the conviction of the appellant based on conclusions anchored on insufficient, disjointed and contradict…