PETER KERERA V. REPUBLIC

JUDGMENT OF THE COURT

Background

The appellant, PETER KERERA was charged before the Chief Magistrate’s Court at Kibera with three counts of robbery with violence contrary to Section 296 (2) of the Penal Code and one count of the offence of indecent assault on a female contrary to Section 144 (1) of the Penal Code. The court having considered the evidence before it and the law found that the appellant was not guilty of robbery with violence but was guilty of the offence of indecent assault and sentenced him to twenty [20] years imprisonment.

Aggrieved by that conviction and sentence, the appellant appealed to the High Court. The prosecution conceded the appeal against sentence on the ground that the appellant was a first offender and the offence was not aggravated. The High Court, however, found that the appellant had been properly convicted and sentenced by the trial court. Accordingly, the High Court dismissed the appeal, upheld the conviction and affirmed the sentence imposed by the tr…