PETER NJERU WANJIRU V. REPUBLIC

JUDGMENT OF THE COURT

The appellant was charged with defilement of a girl under the age of 14 years contrary to section 145(1) of the Penal Code. The offence was committed on 17^th September, 2005 before the aforesaid section of the Penal Code was repealed. He was tried and convicted of the said offence in Criminal Case No. 6000 of 2005 in the Principal Magistrate's Court at Makadara. He was sentenced to 17 years' imprisonment with hard labour.

Being dissatisfied with the trial court's judgment, the appellant preferred an appeal to the High Court against both conviction and sentence. The High Court, (Omondi, J.) after a careful consideration of all the evidence that was adduced before the trial court, came to the conclusion that the conviction was proper in law and dismissed the appeal against the conviction. The High Court also rejected the appeal against sentence and confirmed the sentence.

The appellant then moved to this Court on a second appeal. The petition of appeal consists of thr…