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Paul Mukoya v. Republic

(2013) JELR 96515 (CA)

Court of Appeal  •  Criminal Appeal 152 of 2012  •  18 Oct 2013  •  Kenya

Coram
Roselyn Naliaka Nambuye, Daniel Kiio Musinga, Stephen Gatembu Kairu

Judgement

JUDGMENT OF THE COURT

The appellant was tried and convicted for the offence of defilement of a mentally challenged person contrary to section 146 of the Penal Code. The particulars of the offence were that on the 1st day of June, 2006, at Sian Roses, Hardy Estate within Nairobi Province, the appellant had carnal knowledge of GI, the complainant, who is mentally retarded, without her consent. He was found guilty and sentenced to fourteen [14] years’ imprisonment.

Being dissatisfied with that conviction and sentence, the appellant preferred an appeal to the High Court. The first appellate court, having carefully analyzed the evidence that was tendered before the trial court, was satisfied that the conviction and sentence passed were proper in law and

dismissed the appeal.

The appellant was again aggrieved by the High Court decision and filed yet another appeal to this Court. The homegrown memorandum of appeal raises two grounds of appeal which were drafted in a rather unconventional way. Th…

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