[2001] KEHC 395 (KLR)
The court found that the appellant's plea of guilty was properly taken and that the facts as admitted constituted the offence of rape under Section 140 of the Penal Code. The trial magistrate considered the appellant's mitigation, including his status as a first offender and the influence of a co-accused, but also...
Source-derived case information.
- Citation
- [2001] KEHC 395 (KLR)
- Parties
- Appellant: Mwema Moki; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Machakos
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 96 of 2000
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal dismissed
- Legal Topics
- Sexual Offences, Sentencing Principles, Plea of Guilty, Mitigation, Rape, Appeals Process
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Mwema Moki
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the plea of guilty was properly taken and constituted the offence charged.
- 2 Whether the sentence imposed was harsh and warranted reduction.
Ratio Decidendi
The court found that the appellant's plea of guilty was properly taken and that the facts as admitted constituted the offence of rape under Section 140 of the Penal Code. The trial magistrate considered the appellant's mitigation, including his status as a first offender and the influence of a co-accused, but also noted the seriousness of the offence and its prevalence. The sentence of 7 years imprisonment, 8 strokes, and hard labour was within the statutory maximum of life imprisonment and was deemed appropriate given the circumstances. The appeal was dismissed as lacking merit.
Court Disposition
appeal dismissed
Orders
- The appeal is dismissed.
- The conviction and sentence of 7 years imprisonment, 8 strokes, and hard labour are upheld.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MACHAKOS
APPELLATE SIDE
CRIMINAL APPEAL NO. 96 OF 2000
(From Original Conviction and Sentence in Criminal Case No. 952 of 1999 of the Resident Magistrate’s Court at Makindu: O. J. Ochako Esq. on 8. 10. 99)
MWEMA MOKI ::::::::::::::::::::::::::::::::::::::::::::::::::::::::: APPELLANT
VERSUS
REPUBLIC ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: RESPONDENT
Coram: J. W. Mwera J. Appellant Absent Orinda State Counsel for Respondent C.C. Muli **************************
J U D G E M E N T
The appellant faced a charge under S. 140 Penal Code in that on 4. 10. 99 at [particulars withheld], Makueni with another not before court he had carnal knowledge of G.N without her consent. In a plea of guilty facts which this court is of the view constituted an offence as charged set out how the appellant and his colleague lured the complainant into a bush pretending that they would show her a short cut home when her transport developed a mechanical problem. It was said that they held the complainant by force and had carnal knowledge of her without her consent. A clinical officer had prepared a P.3 form which was laid before the Learned Trial Magistrate to the effect that the complainant was raped. After due process the lower court imposed a 7 year prison term plus 8 strokes and hard labour. In his appeal the appellant prayed that the sentence was harsh and it ought to be reduced. He expressed a wish to be present at the hearing of the trial. He was advised to 10 do so at his own expense. Apparently he was not able to arrange for that and the appeal was heard in his absence. The Learned State Cousnel supported the conviction and this court noted that the plea of guilty was properly taken.
As for the sentence, the Learned Trial Magistrate took time after the mitigation that the appellant was a first offender. He himself told the lower court his colleague persuaded him to engage in the offence. The Learned Trial Magistrate remarked that the offence was serious and that rapes of young girls were prevalent in the country. That the complainant would suffer life – long trauma. 20 With all this in mind the sentence of 7 years, 8 strokes plus hard labour was deserved. The maximum prison term under S.140 Penal Code is for life. The appeal is dismissed. Judgement accordingly.
Delivered on 13th March 2001.
J. W. MWERA
JUDGE