Wilson Mugambi Njeru v Republic [2013] eKLR
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT EMBU
CRIMINAL APPEAL NO. 200 OF 2010
WILSON MUGAMBI NJERU……………………………………………… APPELLANT
VERSUS
REPUBLIC ..................................................................................................PROSECUTOR
From original conviction and sentence in Criminal Case No.1361 of 2009 at the Chief
Magistrate’s Court Embu by Hon. E.K. NYUTU – SRM on 10/12/2010
JUDGMENT
WILSON MUGAMBI NJERU the Appellant herein was charged and convicted of the offence of
Sexual Assault contrary to section 5(1) (b) of the Sexual Offences Act No.3 of 2006.
The particulars as stated in the charge sheet were as follows;
WILSON MUGAMBI NJERU: On the 10th day of September 2009 in Embu District within the
Eastern Province intentionally and unlawfully sexually assaulted AMN a boy aged 15 years.
He was sentenced to fifteen (15) years imprisonment upon conviction. He then filed this appeal against
both conviction and sentence raising the following grounds;
1. That the learned trial Magistrate erred in point of law and fact by not considering that the
Appellant’s constitutional rights were violated by being detained in police custody for
more than 24 hours contrary to the provision of the constitution of the day.
2. That the learned trial Magistrate did not consider that the prosecution did not explain the
reason for the illegality stated in ground one.
3. That the learned trial Magistrate erred in law by convicting the Appellant relying on a
single witness evidence.
4. That the learned trial Magistrate ignored or merely pretended not to see that the witnesses
testified only hearsay and not what they themselves witnessed.
5. That the learned trial Magistrate erred in both points of law and fact by not considering
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