CHARLES MACHARIA MUTHONI v REPUBIC [2012] eKLR REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAKURU CRIMINAL APPEAL NO.228 OF 2010 CHARLES MACHARIA MUTHONI…………………………………..APPELLANT VERSUS REPUBLIC………………………….………………………………..RESPONDENT [An Appeal from original conviction and sentence in Nyahururu P. M.A.CR.C.NO.2033 of 2009 (K) by Hon A. B. Mongare, Senior Resident Magistrate dated 13th July, 2010] JUDGMENT The accused person has been aggrieved by both the conviction and the fifteen (15) years imprisonment imposed on him by the learned trial magistrate for the offence of rape. He is contesting the conviction and sentence on the grounds that: i) there was no proper identification; http://www.kenyalaw.org - Page 1/5

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