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JOHN MUGO
V.
REPUBLIC

(2016) JELR 104751 (CA)

Court of Appeal 3 Feb 2016 Kenya
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- The appellant, John Mugo, was convicted of two counts of defilement under Section 8(1)(2) of the Sexual Offences Act for penetration of two female minors aged six years and sentenced to life imprisonment on each count. - The conviction wa

Case Details

Suit Number:Criminal Appeal 3 of 2015
Judges:Philip Nyamu Waki, Roselyn Naliaka Nambuye, Hannah Magondi Okwengu
Location:Nyeri
Other Citations:John Mugo v. Republic [2016] eKLR

JUDGMENT OF THE COURT

JOHN MUGO, the appellant before us, was charged, tried and convicted by Baricho Principal Magistrate, (Hon. E. K. Keago) of two counts of defilement contrary to Section 8(1)(2) of the Sexual Offences Act. It was alleged that on the 31st December 2011, at about 6.00 pm, he had intentionally caused his penis to penetrate the vaginas of two female children B.W and J.W aged six years. Upon his conviction, he was sentenced on each count to serve life imprisonment, which is the minimum sentence for such an offence. His first appeal to the High Court (Olao J.) was dismissed, hence this second and last appeal.

The appellant has not had any legal representation before any of the courts, and has obviously been handicapped in putting across his case in a manner that strictly complies with the Rules of the Court. Nevertheless, there is no compulsion in employing legal counsel and the court has a duty to treat all parties who come before court equally. In this appeal, he submit…

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