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RICHARD NDERITU KARIUKI v. REPUBLIC

(2009) JELR 95807 (CA)

Court of Appeal  •  Criminal Appeal 456 of 2007  •  25 Sep 2009  •  Kenya

Coram
Riaga Samuel Cornelius Omolo, Philip Nyamu Waki, John walter Onyango Otieno

Judgement

JUDGMENT OF THE COURT

Richard Nderitu Kariuki, the appellant hereinafter, was tried before a Senior Resident Magistrate at Kibera (Ms. Mwai) on a charge of rape contrary to section 140 of the Penal Code and an alternative count of indecent assault contrary to section 144 of the Code. The particulars of the charge of rape were that on 21st day of April, 2003 at Kawangware within Nairobi, the appellant had unlawful carnal knowledge of [G.M] without her consent. The particulars of the alternative charge were that on the same day at the same place, the appellant unlawfully and indecently assaulted [G.M] by touching her private parts, namely her vagina. The magistrate convicted the appellant on the main charge of rape and sentenced him thereon to five years imprisonment. The appellant appealed to the High Court against his conviction and sentence and by its judgment dated and delivered on 13th July, 2005, the High Court (Lesiit, J.) not only dismissed the appellant’s appeal against convicti…

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