Daniel Mwangi Wachira & Another v Republic [1994] KECA 35 (KLR)
Full Case Text
REPUBLIC OF KENYA IN THE COURT OF APPEAL OF KENYA PEAL
AT NAKURU Criminal Appeal 24 of 1994
1. DANIEL MWANGI WACHIRA
2. DAVID MAINA SOLOMON……………………....................................…………….APPELLANTS
AND
REPUBLIC……………................................…………………………………………….RESPONDENT
(Appeal from summary rejection of the High Court of Kenya at Nakuru (Mr. D.M.
Rimita) dated 8th December, 1993
IN
H.C.CR.A. NO. 416-417 OF 1993)
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JUDGMENT OF THE COURT
David Maina Solomon (the second appellant) was convicted of rape and sentenced to 4 years imprisonment plus 2 strokes of the cane. Daniel Mwangi Wachira (the first appellant) was convicted of indecent assault of a female and given the same sentence. Their appeals to the Superior Court against both conviction and sentence were summarily rejected under section 352(2) of the Criminal Procedure Code. They now appeal to this court against that rejection.
Offence of rape carries life imprisonment with hard labour with or without corporal punishment. Indecent assault carries a maximum sentence of 5 years plus corporal punishment. The sentence imposed by the trial Magistrate on both appellants were quite lenient and cannot be said to be either harsh or excessive.
We are satisfied that the evidence against both appellants is sufficient to support the convictions and there is no material in the circumstances of this case which can raise a reasonable doubt whether the conviction was right or lead us to the opinion that the sentences ought to be reduced. The summary rejection was therefore correct and we uphold it. And we agree with Mr. Etyang's submission that there is no merit in these appeals, and they are accordingly dismissed.
Dated and delivered at Nakuru this 27th day of September, 1994.
R.O. KWACH
…………………………
JUDGE OF APPEAL
M.G. MULI
………………………..
JUDGE OF APPEAL
P.K. TUNOI
………………………
JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR