Samwel Kiberenge v Republic [2013] eKLR
IN THE COURT OF APPEAL
AT ELDORET
CORAM: MWERA, OUKO & J. MOHAMMED, JJ.A.
CRIMINAL APPEAL NO. 671 OF 2010
BETWEEN
SAMWEL KIBERENGE ………………........................................... APPELLANT
AND
REPUBLIC .................................................................................... RESPONDENT
(Being an appeal against the conviction and sentence of the High Court of Kenya at Bungoma
(Muchemi, J) delivered on 13th May, 2010
in
H.C.CR.C. NO. 127 OF 2008)
****************
JUDGMENT OF THE COURT
This is a second appeal by SAMWEL KIBERENGE, hereinafter referred to as the appellant, from a
conviction and sentence of life imprisonment for defilement of a girl contrary to section 8 (1) (2) of the
Sexual Offences Act No. 3 of 2006. The conviction was upheld and sentence enhanced from thirty (30)
years imprisonment to life imprisonment by the learned judge of the High Court [Muchemi, J], sitting as
the first appellate court. The appeal originates from a trial in the Senior Resident Magistrate’s Court
[Sogomo, RM] where the appellant was charged with defilement of a girl as explained above.
The particulars are that on the 25th day of August, 2008 at [particulars withheld] village, Township
Location in Bungoma District within the Western Province, the appellant unlawfully committed an act of
penetration against NNM a girl aged ten [10] years.
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