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MOSES KAMAU WAWERU
V.
REPUBLIC

(1988) JELR 104529 (CA)

Court of Appeal 18 Oct 1988 Kenya
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Case Details

Suit Number:Criminal Appeal 53 of 1988
Judges:Joseph Raymond Otieno Masime, John Mwangi Gachuhi, James Onyiego Nyarangi
Location:Nakuru
Other Citations:Moses Kamau Waweru v. Republic [1988] eKLR

JUDGMENT

(Appeal from a judgment of the High Court at Nakuru, Tunoi Ag J)

October 18, 1988, Nyarangi, Gachuhi JJA and Masime Ag JA delivered the following Judgment.

The appellant was charged and convicted of the offence of attempted rape contrary to section 141 of the Penal Code. He was sentenced to 21/2 years’ imprisonment with hard labour and to receive 2 strokes of the cane.

His appeal to the High Court (Tunoi Ag J) was dismissed. He now appeals to this court on four grounds that the High Court erred in that:

1.The learned judge erred in law in holding that the charge against the appellant had been proved beyond reasonable doubt.

2.That the learned judge erred in law in holding that necessary testimony had been obtained.

3.The learned judge erred in law in failing to sufficiently consider the appellant’s defence or at all.

4.That the learned judge erred in law in deciding against the weight of the evidence.

The facts of the case are that the complainant L W K , a medical nurse employed by (…

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