SAMUEL KILONZO MUSAU V. REPUBLIC

JUDGMENT OF THE COURT

On 3rd June, 2010, the appellant, Samuel Kilonzo Musau was convicted by the Senior Resident Magistrate, Kithimani, of the offence of defilement contrary to section 8(2) of the Sexual Offences Act, No 3 of 2006, and sentenced to life imprisonment. He was acquitted of an alternative charge of indecent act with a child contrary to section 11(1) of the same statute.

Aggrieved by his conviction and sentence, the appellant lodged an appeal before the High Court in Machakos, contending that his constitutional rights had been violated when he was detained beyond the prescribed period before being charged in court; that his conviction was based on mistaken identity and that he was not afforded an opportunity to recall and examine witnesses upon amendment of the charge, as required by section 214 of the Criminal Procedure Code. The appeal was heard and dismissed by Ngugi, J. on 28th September 2012 after he found the same bereft of merit.

Further aggrieved by the judgement of …