SAMSON MUIRURI MBUGUA V. REPUBLIC

JUDGMENT OF THE COURT

1. The appellant was tried and convicted of the offence of defilement of an imbecile contrary to section 146 of the Penal Code as read with section 48(3) of the first schedule to the Sexual Offences Act. He was sentenced to 14 years’ imprisonment. His first appeal to the High Court against sentence was unsuccessful. The appellant then preferred a second appeal to this Court.

2. When the appeal came up for hearing, the appellant, who is unrepresented, told the Court that he had been in prison custody since 21^st May, 2010 when he was convicted and sentenced by the trial court; that he has only three (3) months to go before he completes the sentence; that he is now fully rehabilitated and prayed that we reduce the sentence to the period already served and set him at liberty.

3. Miss Nyakira Kibera, learned Prosecution counsel for the respondent opposed the appeal. She submitted that this being a second appeal against sentence only, that is a matter of fact and this Cou…