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SIMON KARANJA KIARIE
V.
REPUBLIC

(2014) JELR 95920 (CA)

Court of Appeal 14 Nov 2014 Kenya
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Case Details

Suit Number:Criminal Appeal 142 OF 2013
Judges:John Wycliffe Mwera, Daniel Kiio Musinga, Kathurima M'inoti
Location:Nairobi
Other Citations:Simon Karanja Kiarie v. Republic [2014] eKLR

JUDGMENT OF THE COURT

The appellant was charged with attempted defilement of a boy aged twelve years. After a full trial he was convicted and sentenced to ten (10) years' imprisonment. Being dissatisfied with the said conviction and sentence, the appellant preferred an appeal to the High Court. The appeal was dismissed in its entirety.

The appellant moved to this Court and filed a document headed:

"MITIGATION OF APPEAL".

The aforesaid document was filed on 2nd July, 2012. Basically, the appellant stated that he had served nearly one half of the sentence handed down by the trial court and is remorseful and urged the Court to reduce the sentence by the trial court. He added that he had since reformed and undertaken various rehabilitative courses and acquired excellent carpentry skills. He would therefore be a useful member of the society if the Court were to order that he be set free.

Miss Oundo, Senior Assistant Director of Public Prosecutions for the respondent, opposed the appeal. She sub…

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