Kiambu High Court has dismissed an appeal by a man sentenced to life imprisonment over sodomy. [Photo: colourbox.com]The High Court in Kiambu has dismissed an appeal of a man who had appealed against life imprisonment for repeatedly sodomising a 10-year-old boy in Murang’a after luring him with cakes.After listening to the case and considering the grounds presented by the appellant, Lady Justice Lilian Mutende said it lacked merit and therefore dismissed it in its entirety.Garrison Kamau Waithanje had been convicted and sentenced by a magistrate court in Gatundu on August 4, 2016.He, however, appealed against the sentence on the grounds that his rights had been infringed on and violated and, therefore, denying him a fair trial.In his appeal, he pleaded with the High Court to quash his conviction or reduce the life sentence. He also argued that the medical evidence adduced was not sufficient."This being the first appeal, I am under a duty to subject the evidence adduced at trial to a fresh scrutiny and make my own conclusion bearing in mind the important fact that I never observed the witnesses who testified at trial, therefore, I am unable to that extent, to assess their credibility or veracity of their evidence,” Mutende said on Monday.In his defence, the appellant only testified on his arrest and did not exonerate himself from the fact that the minor was found in his house in the wee hours of the morning with injuries on his anus. The evidence adduced in court by the doctor who examined him also corroborated that he had been defiled.
KIAMBU
Man accused of sodomy loses appeal against life imprisonment sentence
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