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JOHN MWANGI PETER
V.
REPUBLIC

(2008) JELR 97401 (CA)

Court of Appeal 11 Apr 2008 Kenya
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Case Details

Suit Number:Criminal Appeal 70 of 2006
Judges:Samuel Elikana Ondari Bosire, Daniel Kennedy Sultani Aganyanya, William Shirley Deverell
Location:Eldoret
Other Citations:John Mwangi Peter v. Republic[2008]eKLR

JUDGMENT OF THE COURT

On his own plea of guilty, John Mwnagi Peter, the appellant, was convicted and sentenced to an imprisonment term of 10 years for the offence of attempted rape contrary to section 141 of the Penal Code. His first appeal against sentence was dismissed by the superior court. In the appeal before us he complains about the severity of the sentence and prays that the sentence of 10 years imprisonment be reduced on the ground that it is excessive.

The facts giving rise to the offence as were narrated by the prosecutor were that on 15th September, 2004, GMM was asleep in her house. Her husband was not in. The appellant who was her neighbour went to her house carrying a large black paper bag which he handed over to her saying that he had been sent by her husband to deliver it to her. Thereafter he suddenly attacked the complainant, forcibly removed her under-pant which he used to cover her mouth to prevent her from screaming. She nonetheless managed to scream and thus attra…

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