IN THE COURT OF APPEAL
AT NAIROBI
(Coram:Kneller, Hancox JJA and Platt Ag JA)
CRIMINAL APPEAL NO. 147 OF 1985
BETWEEN
MALONZA.............................................................APPELLANT
AND
REPUBLIC..........................................................RESPONDENT
(Appeal from the High Court at Nairobi, O’Kubasu and Aluoch JJ)
JUDGMENT
The appellant appeals a second time to this court. His first appeal was dismissed. Thus the appellant’s conviction for rape contrary to section 140 of the Penal Code and sentence of 20 month’s imprisonment was confirmed. He has now served his sentence. But his conviction is a matter of importance to him.
Mr Onyango Otieno representing the appellant presented his case so well, that learned state counsel was persuaded not to support the appellant’s conviction. Unfortunately we are not of that opinion. Even though it must be conceded that the line of argument in the judgment of either of the lower courts is sometimes difficult to follow, the findings of t…