PETER MBUGUA KABUI V. REPUBLIC

JUDGMENT OF THE COURT

Peter Mbugua Kabui (appellant) was charged before the Thika ChieF Magistrate’s Court with three counts of sexual assault contrary to Section 5(1)(b)(2) of the Sexual Offences Act No. 3 of 2006. In the alternative, he was charged with three counts of committing indecent acts with a child contrary to Section 11 of the Sexual Offences Act No. 3 of 2006.

He pleaded not guilty to all the charges and the matter proceeded to full hearing in which the State called a total of eight witnesses, with the appellant making an unsworn statement of defence.

In her judgment rendered on 10^th November 2011, the learned Magistrate convicted the appellant on two of the alternative charges, but acquitted him on the other counts. She then sentenced the appellant to ten (10) years imprisonment on each of these counts, and ordered that the sentences to run consecutively. It is important to note that the offences in question were said to have been committed on different dates against differe…