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Tarcisio Chege Kihia v. Republic

(2014) JELR 94846 (CA)

Court of Appeal  •  Criminal Appeal 89 of 2014  •  10 Oct 2014  •  Kenya

Paul Kihara Kariuki, Patrick Omwenga Kiage, Agnes Kalekye Murgor



What the appellant, who is unrepresented by counsel, has lodged in this Court as foundational to his appeal to this Court is a document titled ‘MITIGATION’.

In that document, the appellant sets out satiatim an account of how he was convicted of the offence of indecently assaulting a child contrary to Section II (1) of the Sexual Offences Act and sentenced to serve ten years imprisonment. He goes on to state that he was a first offender who has since embraced the virtue of respect for the rule of law, has reformed and is deeply remorseful. Moreover, he has while in prison gained technical skills in the area of motor mechanics and electricals attaining in them Grade 4 and 2 qualifications respectively.

The appellant prays for a non-custodial sentence and craves a second chance to ease the sufferings of his family by helping them meet their needs and pleads to be rescued from the torment of prison. He categorically concludes with the prayer that his “mitigation against…

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