JOHN NJATHI NJENGA v REPUBLIC [2005] KEHC 50 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT MALINDI

CRIMINAL APPEAL 7 OF 2005

(from original conviction  and sentence in Criminal Case No.287 OF 2004 RM’S LAMU COURT)

JOHN NJATHI NJENGA…………………………………APPELLANT

VERSUS

REPUBLIC………………………..…………………….RESPONDENT

JUDGMENT

The appellant faced two counts before the lower Court.  On the 1st count he was charged with attempted rape contrary to Section 141 of the Penal Code and in the count 2nd  he was charged with assault causing actual bodily harm.

He was convicted and sentenced to 7 years imprisonment with hard labour on Count 1 and one year imprisonment on count 2 with an order that the two sentences to run concurrently.

He has appealed against both conviction and sentence.

When the appeal came up for hearing the appellant abandoned his appeals against conviction and argued that the sentence was harsh and excessive and did not take into account his mitigating factors.

The Principal State Counsel supported the sentence and submitted that the sentence was lenient as the maximum sentence for attempted rape is life.  With respect, I agree with those submissions.  I find no new grounds for me to interfere with the sentence imposed by the trial Court.

The appeal is dismissed Orders accordingly.

Dated and delivered at Malindi this 16th day of September, 2005.

W.OUKO

JUDGE

16. 9.2005

Coram W. Ouko, J.

Mr.Ogoti for state

Applicant in person

Judgment delivered.

W.OUKO

JUDGE