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|Case Number:||crim app 44 of 03|
|Parties:||ERICK MONGARE MUMI vs REPUBLIC|
|Date Delivered:||30 May 2003|
|Court:||High Court at Kisii|
|Judge(s):||Isaac Charles Cheskaki Wambilyangah|
|Citation:||ERICK MONGARE MUMI vs REPUBLIC eKLR|
|History Advocates:||Neither party represented|
|Disclaimer:||The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information|
There was ample and credible evidence that the girl child was sexually assaulted. The only issue with which the court had to grapple was that of corroboration: this being a sexual offence combined with the fact that the witnesses whose evidence implicated the appellant in the commission of the same offence were children of tender years. But they knew the appellant and immediately mentioned the name of the appellant to the grandmother Priscah Kerubo (PW1). In my view there was ample and good evidence justifying the conviction.
But to me the sentence of 14 years imprisonment for a first offender is totally excessive.
I reduce it to 7 years imprisonment and 4 strokes. It is ordered accordingly.
DATED AND DELIVERED ON THE 30TH OF MAY 2003