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T W W v. Republic

(2018) JELR 94825 (CA)

Court of Appeal  •  Criminal Appeal 133 of 2014  •  22 Oct 2018  •  Kenya

Coram
Erastus Mwaniki Githinji, Hannah Magondi Okwengu, Jamila Mohammed

Judgement

JUDGMENT OF THE COURT

[1] The appellant was convicted by the Acting Principal Magistrate at Sirisia on his own plea of guilty for the offence of incest contrary to section 20 (1) of the Sexual Offences Act and sentenced to life imprisonment.

[2] The particulars of the offence alleged among other things, that, the appellant on the material day caused penetration into the female organ of a child aged 8 years who is his niece by inserting his genital organ into the genital organ of the said child. Upon the appellant admitting the offence, the facts constituting the offence were read to him which he admitted. Thereupon the trial magistrate convicted the appellant and upon considering the appellant’s mitigation, sentenced the appellant to life imprisonment.

[3] The appellant appealed to the High Court at Bungoma against the conviction and sentence mainly on the grounds that the charges were not explained to him in a language that he understood and that the sentence was manifestly excessive. H…

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