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Raymond Waweru Mwangi v. Republic

(2019) JELR 95529 (CA)

Court of Appeal  •  Criminal Appeal 56 of 2015  •  6 Aug 2019  •  Kenya

Coram
Erastus Mwaniki Githinji, Hannah Magondi Okwengu, Sankale ole Kantai

Judgement

JUDGMENT OF THE COURT

[1] This is an appeal against the judgment of the High Court in its appellate jurisdiction dismissing the appellant’s appeal against conviction and enhancing the sentence to one of life imprisonment.

[2] On 5th August 2005, the appellant was charged before Senior Resident Magistrate’s court, Makadara with the offence of Defilement of a girl contrary to section 145(1) of the Penal Code. He was also charged with an alternative count of indecent assault of females contrary to section 144(1) of the Penal Code. The particulars of the main offence of defilement stated that on 24th July, 2005 the appellant had carnal knowledge of a girl (name withheld) aged five and half years. He pleaded not guilty to the offence. On 15th August 2006, EW, the complainant’s mother gave evidence after which the trial was adjourned. On 17th August, 2007 when the trial resumed, the prosecutor applied for leave to substitute the charge. The application was allowed and the charge was substitut…

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