STEPHEN MWANGI KARIUKI V. REPUBLIC

JUDGMENT

1. On October 25, 2010, Stephen Mwangi Kariuki, who is now the appellant before us, was convicted by the Principal Magistrate’s Court at Nyahururu with the offence of defilement contrary to section 8(1) of the Sexual Offences Act, and sentenced to life imprisonment under section 8(2) of the same Act.

2. Being dissatisfied with his conviction and sentence, the appellant lodged an appeal, which was heard by the High Court (Wendoh, J.), and judgment delivered on December 18, 2013 in which the appeal against conviction was dismissed, and the appeal against the sentence partially allowed. The learned Judge found that the trial magistrate erred in sentencing the appellant under section 8(2) of the Sexual Offences Act as the appellant ought to have been sentenced under section 8(4) of the Sexual Offences Act. The learned Judge thereby quashed the sentence of life imprisonment and sentenced the appellant to 30 years’ imprisonment.

3. The appellant is now before us on this second appeal in which …