SAMUEL WAHINI NGUGI V. REPUBLIC

JUDGMENT OF THE COURT

This is a second appeal. The appellant Samuel Wahini Ngugi, who conducted his case in person in the trial court, in the first appellate court and before us, was arraigned before the Senior Resident Magistrate’s court at Limuru with offence of unnatural offence contrary to section 162 (a) of the Penal Code. The particulars were that:

“On diverse dates between 19^th November, 2003 and 21^st January, 2004 in Kiambu District within Central Province, had carnal knowledge of G.N.W against the order of nature.”

He pleaded not guilty, but after full hearing in which four prosecution witnesses gave evidence and he gave unsworn statement in his defence, the learned Resident Magistrate, (Mrs. Muthoni Mburu) found him guilty as charged, convicted him and sentenced him to serve a term of twenty-one (21) years imprisonment. He was not satisfied with that conviction and sentence and thus he appealed in the High Court against both. The High Court (Lesiit, J) heard the appeal and in a…