REUBEN GITONGA NDERITU V. REPUBLIC

JUDGMENT OF THE COURT

This is a second appeal, against both conviction and sentence.

The appellant, Reuben Gitonga Nderitu, was charged and convicted of the offence of defilement of a girl under the age of 16 years contrary to section 145 (1) of the Penal Code, and sentenced to 25 years imprisonment plus hard labour, by the Senior Resident Magistrate’s Court at Nanyuki on 11^th August, 2005. He appealed against both conviction and sentence to the High Court (Makhandia, J.) who dismissed the appeal against conviction but reduced the sentence to ten years’ imprisonment with hard labour.

Aggrieved by that decision, the appellant, who is unrepresented, appealed to this Court on the following home-made grounds: -

“That the High Court Judge misdirected himself in finding and maintaining conviction as safe where as the trial magistrate’s mind lack consideration throughout the trial - thus words not spoken are featuring in the proceedings i.e irrelevant facts from the file of ADAN MURAGURI MUNGARA…