SAMUEL MBUGUA NJENGA V. REPULIC

JUDGMENT OF THE COURT

[1] This is a second appeal by Samuel Mbugua Njenga (appellant), against his conviction and sentence for the offence of defilement of a girl contrary to section section 8(2) of the Sexual Offences Act No. 3 of 2006. The appellant was convicted of the offence by the resident magistrate’s court at Eldoret, and sentenced to life imprisonment. His appeal against conviction and sentence was dismissed by the High Court (Kimondo, J).

[2] On 31^st March 2013 the appellant filed a memorandum of appeal raising seven grounds that can be compressed into three: that the 1^st appellate court erred in relying on the pRcution case, which was full of contradictions and inconsistencies; that the evidence of the minor complainant was not corroborated; and that the defence of the appellant was disregarded without any cogent reason. On the day of the hearing of the appeal the appellant filed supplementary memorandum of appeal in which he raised 10 grounds. This was basically what he reli…