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Robert Njogu Mburu v. Republic

(2011) JELR 96398 (CA)

Court of Appeal  •  Criminal Appeal 553 of 2010  •  19 May 2011  •  Kenya

Coram
Philip Kiptoo Tunoi, Daniel Kennedy Sultani Aganyanya, Joseph Gregory Nyamu

Judgement

JUDGMENT OF THE COURT

ROBERT NJOGU MBURU, the appellant, was after a brief trial convicted by the Resident Magistrate, Muranga, of rape contrary to Section 140 of the Penal Code and of unnatural offence contrary to Section 162 (a) of the Penal Code.The particulars of the charges were firstly; that on 16th August, 2003, in Maragua District of the Central Province, the appellant had carnal knowledge of P.W.M, without her consent and secondly that on the same day, at the same time in Maragua District, he had carnal knowledge of the same prosecutrix against the order of nature.

A full trial was held in which the prosecution called five witnesses. The appellant was subsequently convicted. In sentencing the appellant, the learned trial magistrate stated:

“COURTI have carefully considered the plea by the accused and also that he is a first offender. I order that he serves:Count 1 – 7 (seven) yearsCount 2 – 7 (seven) years 14 Sentence to run consecutively.Right of appeal 14 days.G. P. Ngare, RM2…

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