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John Otira Taro v. Republic

(2005) JELR 95038 (CA)

Court of Appeal  •  Criminal Appeal 52 of 1996  •  25 Feb 2005  •  Kenya

Coram
Philip Kiptoo Tunoi, Erastus Mwaniki Githinji, William Shirley Deverell

Judgement

JUDGMENT OF THE COURT

The appellant was charged in the Principal Magistrate’s Court, Kericho, with two offences namely:

1. Defilement of a girl contrary to section 145 (1) of the Penal Code.

2. Grievous harm contrary to section 134 of the Penal Code.

The complainant in both counts was J O O.

The appellant pleaded guilty to both charges on 15th March, 1993 and was sentenced to 14 years imprisonment with 20 strokes of the cane in the first count and to 10 years imprisonment and 5 strokes of the cane in the second count. The sentences in both counts were ordered to run consecutively.

He appealed to the Superior Court against the sentence on the ground that the sentence was harsh; harmful and likely to adversely affect his social life. The appeal came for hearing before the superior court (Rimita, J.) on 27th April, 1994 . The appellant’s Counsel did not attend but the State Counsel attended. The learned Judge made the following order.

“COURT

I fixed the appeal in presence of both the Advocates …

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