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Solomon Kiptoo Sawe v. Republic

(2007) JELR 93619 (CA)

Court of Appeal  •  Criminal Appeal 66 of 2006  •  18 Sep 2007  •  Kenya

Coram
Riaga Samuel Cornelius Omolo, Philip Nyamu Waki, John walter Onyango Otieno

Judgement

JUDGMENT OF THE COURT

The appellant SOLOMON KIPTOO SAWE was charged with the offence of defilement of a girl contrary to Section 145(1) of the Penal Code. The particulars of the charge were that on the 27th day of September, 2003 at [particulars withheld], in Trans Nzoia District within Rift Valley Province, he unlawfully had carnal knowledge of S.N., a girl under the age of sixteen years. He pleaded guilty to the charge and was convicted on his own plea and sentenced to imprisonment for 20 years plus hard labour.

He appealed against that sentence to the superior court and the superior court (Karanja J.) after hearing his appeal dismissed it addressing herself thus:

“My view is that the learned trial Magistrate considered the appellant’s mitigation and all the circumstances surrounding the matter. He imposed a sentence of 20 years imprisonment. This was a lawful sentence. I agree with the learned state counsel that the same was not excessive. The appellant is said to be 25 years and shou…

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