[2003] KEHC 450 (KLR)
The court found that the conviction for rape was supported by the evidence on record and that the sentence imposed was within the law. The appeal was not admitted to hearing, and the sentence had already been served by the appellant. Consequently, there was no basis to disturb the conviction or sentence, and the...
Source-derived case information.
- Citation
- [2003] KEHC 450 (KLR)
- Parties
- Appellant: Peter Kariuki; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 150 of 1991
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal dismissed
- Judges
- AGA Etyang
- Legal Topics
- Rape Offences, Criminal Appeals, Sentencing, Penal Code Interpretation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Peter Kariuki
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the conviction for rape under Section 140 of the Penal Code was proper.
- 2 Whether the sentence imposed was lawful and appropriate.
Ratio Decidendi
The court found that the conviction for rape was supported by the evidence on record and that the sentence imposed was within the law. The appeal was not admitted to hearing, and the sentence had already been served by the appellant. Consequently, there was no basis to disturb the conviction or sentence, and the appeal was dismissed.
Court Disposition
appeal dismissed
Orders
- The appeal is dismissed.
Full Case Text
Judgment text and source record
8 paragraphs
IN THE HIGH COURT OF KENYA AT MOMBASA APPELLATE SIDE CRIMINAL APPEAL NO.150 OF 1991 (From Original conviction and sentence of the Resident Magistrate’s Court at Malindi in Criminal Case No.160 of 1989 delivered on 26 th April 1991)
PETER KARIUKI ………………..………………………… APPELLANT
VERSUS
REPUBLIC …………………..………………………….. RESPONDENT
J U D G M E N T
Appellant was convicted of Rape contrary to Section 140 of the Penal Code and was sentenced to serve three years imprisonment and four strokes of the cane. He appealed against conviction and sentence. The record also shows that the appeal was never admitted to hearing and sentence has been served. Appeal is dismissed.
Dated and delivered at Mombasa this 23rd July 2003.
A.G.A. ETYANG JUDGE