PETER KARANJA SIMON V. REPUBLIC

JUDGMENT OF THE COURT

The appellant, Peter Karanja Simon, was charged with two offences before the Magistrates Court at Eldoret. The charge under the first count was for the offence of attempted defilement contrary to Section 9(1)(2) of the Sexual Offences Act. The charge under the second count was escape from lawful custody contrary to Section 123 of the Penal Code.

He was tried and convicted on both counts and sentenced to serve 10 years imprisonment for offence of attempted defilement.

On appeal, the High Court upheld the conviction for the offence of attempted defilement, but set aside the conviction for the offence of escape from lawful custody and substituted the same with a finding of guilt for the offence of attempted escape from lawful custody. For that, the High Court sentenced the appellant to serve one-year imprisonment. The High Court directed that the two sentences would run consecutively.

Dissatisfied, the appellant has lodged this second appeal to this Court.

Background

The …