[2013] KEHC 1414 (KLR)
The court found that the appellant was properly convicted on his own unequivocal plea of guilty to the charge of rape, and that the trial court's sentence was lawful and appropriate under the Sexual Offences Act. The appellant's remorse and plea for forgiveness did not constitute grounds for setting aside the...
Source-derived case information.
- Citation
- [2013] KEHC 1414 (KLR)
- Parties
- Appellant: Richard Kipngetich Cheruiyot Alias Felix; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 28 of 2013
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal dismissed; conviction and sentence upheld
- Judges
- B Ongaya
- Legal Topics
- Sexual Offences, Rape, Plea of Guilty, Sentencing, Appeals, Indecent Acts
- 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
Richard Kipngetich Cheruiyot Alias Felix
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the conviction of the appellant for rape upon his own plea of guilty was proper.
- 2 Whether the sentence imposed by the trial court was lawful and appropriate.
Ratio Decidendi
The court found that the appellant was properly convicted on his own unequivocal plea of guilty to the charge of rape, and that the trial court's sentence was lawful and appropriate under the Sexual Offences Act. The appellant's remorse and plea for forgiveness did not constitute grounds for setting aside the conviction or sentence. The appellate court, after reviewing the record and submissions, concluded there was no merit in the appeal and upheld both the conviction and the sentence imposed by the trial court.
Court Disposition
appeal dismissed; conviction and sentence upheld
Orders
- The appeal is dismissed.
- The conviction is upheld.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KERICHO
CRIMINAL APPEAL NO. 28 OF 2013
(Being an Appeal Against the Original Conviction and Sentence by the Honourable J. Kasam, Acting Senior Resident Magistrate at Sotik in Criminal Case No. 37 of 2013 in the Judgment Delivered on 1. 07. 2013)
RICHARD KIPNGETICH CHERUIYOT ALIAS FELIX................................................................................APPELLANT
-VERSUS-REPUBLIC....................................................................RESPONDENT
(Before Hon. Justice Byram Ongaya Thursday 24th October, 2013)
JUDGMENT
The appellant is Richard Kipngetich Cheruiyot Alias Felix. He was charged with the offence of rape contrary to section 7 of the Sexual Offences Act No. 3 of 2006. In alternative, he was charged with the offence of indecent acts with a child contrary to section 11(1) of the Act. He was convicted as charged in the main count upon his own plea of guilty and sentenced to 20 years imprisonment.
The appellant has appealed against the conviction and sentence. To urge his appeal he submitted to this court as follows:
“I went to the complainant’s house. The mother started screaming. She brought C. I also started screaming. I was arrested. I was not examined by a doctor. I pray for forgiveness. I will not be able to serve for term of imprisonment. That is all. I committed the offence and am remorseful. That is all.”
This court has considered the submission and perused the record of the trial court. There is no doubt that the appellant committed the offence.
Accordingly, the appeal is dismissed, the conviction is upheld and the appellant shall serve life imprisonment as sentenced by the honourable trial court.
Signed, datedanddeliveredin court atKerichothisThursday, 24th October, 2013.
BYRAM ONGAYA
JUDGE