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RK
V.
REPUBLIC

(2022) JELR 113659 (CA)

Court of Appeal 25 Mar 2022 Kenya
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Case Details

Suit Number:Criminal Appeal 87 of 2018
Judges:PO Kiage, JA J Mohammed, JA M Ngugi, JA
Location:Eldoret

JUDGMENT

  1. The question that arises in this appeal and the whole sad saga that preceded it is: how should the law treat the appellant who, in his early twenties at the time of the offence for which he was convicted, instead of embodying promise, was exceptionally vile?

  2. So vile was he that the learned Kabarnet Principal Magistrate S. O. Temu, in sentencing him to 40 years’ imprisonment for incest sounded aghast and indignant as he observed: -

    "The accused herein committed the offence herein against a person he knew was his grandmother.

    A grandmother of over 90 years. All that she required from her children and grandchildren was care and protection not abuse.

    The accused is not a human being but a beast as human beings who are normal as he is are not required to commit such a heinous activity.

    The accused in his normal senses and a man of his age was not required (Sic) to even think about such an act. He had gone to the house of the grandmother removed his clothes as if he had reached his house…

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