REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT EMBU CRIMINAL APPEAL NUMBER 10 OF 2012 PETER MURIMI WACHIRA.............................. APPELLANT VERSUS REPUBLIC………...……………………………RESPONDENT (Being an appeal from the original conviction and sentence in Embu Criminal Case No. 48 of 2012 by M.W. Wachira C.M on 18th January, 2012) JUDGMENT The appellant was convicted on his own plea of guilty to the offence of defilement contrary to section 8(1) as read with Section 8(2) of the Sexual Offences Act. He was sentenced to serve life in prison. During the reading of facts at the subordinate court, the examination report of the appellant indicated that he looks, “mentally deficient.”. This report ought to have alerted the magistrate to carry out an inquiry whether in fact, the appellant was able to plead and/or understand the charges he was facing. In the circumstances, the conviction and sentence are quashed. The appellant shall be retried before any other magistrate. D.A.S MAJANJA JUDGE 17.10.13 Court: Judgment read and delivered in open court this 17th day of October, 2013 D.A.S MAJANJA JUDGE 17.10.2013 In the presence of Mr Njogu for state
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Appellant Njue – Court clerk FURTHER ORDER: As the appellant is on bond, he shall remain on bond and shall appear before the Magistrate's court in Embu on 31.10.13 to plead to the charges and further or other bond terms may be imposed by that court. D.A.S MAJANJA JUDGE 17.10.2013
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