[2001] KEHC 299 (KLR)
The court found that the evidence of Pw1, corroborated by medical testimony, was credible and sufficient to support the conviction for unnatural offence. The appellant was positively identified and failed to offer any defence or explanation for the offences charged. In relation to the possession of public stores,...
Source-derived case information.
- Citation
- [2001] KEHC 299 (KLR)
- Parties
- Appellant: Daniel Ngenga Nganga; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 30 of 1999
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal dismissed
- Legal Topics
- Unnatural Offences, Possession of Public Stores, Sentencing, Criminal Appeal, Evidence Assessment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Daniel Ngenga Nganga
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the conviction of the appellant for unnatural offence under section 162(a) of the Penal Code was safe.
- 2 Whether the conviction for possession of public stores under section 324(2) of the Penal Code was justified.
- 3 Whether the sentences imposed were appropriate and lawful.
Ratio Decidendi
The court found that the evidence of Pw1, corroborated by medical testimony, was credible and sufficient to support the conviction for unnatural offence. The appellant was positively identified and failed to offer any defence or explanation for the offences charged. In relation to the possession of public stores, the appellant was found with a Kenya Army badge and provided no explanation, making the conviction under section 324(2) of the Penal Code inevitable. The sentences imposed were within the statutory limits and considered lenient. The court concluded that there was no merit in the appeal against either conviction or sentence, and thus dismissed the appeal in its entirety.
Court Disposition
appeal dismissed
Orders
- The appeal is dismissed.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI
APPELLATE SIDE
HIGH COURT CRIMINAL APPEAL NO 30 OF 1999
(From Original Conviction(s) and sentence(s) Criminal case No. 1450 of
1998 of the SNR. Principal Magistrate’s Court at Kibera)
DANIEL NGENGA NGANGA………………………………APPELLANT
VERSUS
REPUBLIC…………………………………………………..RESPONDENT
J U D G M E N T
The appellant was convicted of two offences. The first was un natural offence c/s 162(a) of the Penal Code and the second was being in possession of Public stores c/s 324(2) of the Penal Code.
On conviction the appellant was jailed for 3 years in count one and 12 months in respect of count two. Sentences were ordered to run concurrently. He appealed against both the conviction and sentence. Pw1 gave grafic events of what transpired between him and the appellant. He was accosted by the appellant, who was armed with a knife, and his trousers forced down. Pw1 did not shy away in describing what followed. He knew the appellant before, as a neighbour, and informed his mother of the encounter on the same day.
Dr. Kamau who subsequently examined Pw1 confirmed the injuries sustained by him. In his defence the appellant avoided any mention of the offence he was charged with.
In respect of count two, the appellant was found with a Kenya Army badge in his pocket. He gave no explanation for that possession. Section 324(2) of the Penal Code is clear. He had no defence to that offence. In my judgment conviction was safe, the sentences were lenient. I see no merit in the appeal.
Accordingly this appeal is dismissed.
Order accordingly.
Dated and delivered at Nairobi this 22nd day of November, 2001
MBOGHOLI MSAGHA
JUDGE