Case Metadata |
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| Case Number: | Criminal Appeal 166 of 2008 |
|---|---|
| Parties: | STEPHEN MWAU MUTINDA v REPUBLIC |
| Date Delivered: | 12 Nov 2009 |
| Case Class: | Criminal |
| Court: | High Court at Machakos |
| Case Action: | Judgment |
| Judge(s): | Isaac Lenaola |
| Citation: | STEPHEN MWAU MUTINDA v REPUBLIC [2009] eKLR |
| Case Summary: | .. |
| 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 |
STEPHEN MWAU MUTINDA ……………………………………………… APPELLANT
VERSUS
REPUBLIC ………………………………………………………………….. RESPONDENT
(Appeal from a Judgment of the Resident Magistrate’s Court at Yatta (Hon. A.W Mwangi Ag. SRM) dated 7th August 2008)
in
(SRM’S CR.C. No. 1104 of 2007)
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JUDGMENT
1. The Appellant was charged with the offence of defilement under Section 8 (a) of the Sexual Offences Act. He was convicted and sentenced to life in prison.
2. Section 8 (1) does not disclose any offence and has no penalty clause. The import is that the Appellant was unlawfully charged and convicted.
3. However since there is no objection, he will be retried at Machakos CM’S Court.
4. The Appeal is allowed. His conviction is quashed, sentence set aside and he will appear before the SPM Machakos on 13/11/2009.
5. Orders accordingly.
Dated and delivered at Machakos this 12th day of November 2009.
ISAAC LENAOLA
JUDGE
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