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P.K.K V. REPUBLIC

(2012) JELR 96148 (CA)

Court of Appeal  •  Criminal Appeal 100 of 2011  •  19 Apr 2012  •  Kenya

Coram
Emmanuel Okello O'Kubasu, Kalpana Hasmukhrai Rawal, Joseph Gregory Nyamu

Judgement

JUDGMENT OF THE COURT

In the trial Court, Senior Principal Magistrate’s Court at Nanyuki, the appellant, P.K.K was after a full trial found guilty of the offence of incest contrary to section 20(1) of the Sexual Offences Act No.3 of 2006 and sentenced to 18 years imprisonment. The substance of the charge was that the appellant had sexually abused his nine year old daughter.

Aggrieved by the verdict, the appellant filed a petition of appeal in the High Court on 18th July, 2008. However, on 12th November, 2009, the appellant withdrew the petition of appeal against both conviction and sentence.

Thereafter, the appellant who acted in person filed a memorandum of appeal in this Court challenging the sentence imposed on him notwithstanding the fact that he had already withdrawn the appeal filed in the High Court as indicated above.

In his submissions, the appellant submitted that he had, while in prison, reformed after undertaking a very useful carpentry course and that his character had change…

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