[2023] KEHC 19307 (KLR)
The court found that the applicant had already exercised his right of appeal, which was fully considered and dismissed by the High Court in Criminal Appeal No. E093 of 2021 less than a year prior. The evidence and circumstances of the case, including the applicant's actions in luring and threatening the complainant...
Source-derived case information.
- Citation
- [2023] KEHC 19307 (KLR)
- Parties
- Applicant: Edwin Kipngetich Rob; Respondent: Office of the Director of Public Prosecution
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E011 of 2023
- Procedural Posture
- Miscellaneous Criminal Application / Ruling
- Outcome
- application dismissed
- Judges
- A. Ong’injo
- Legal Topics
- Rape Offence, Sentencing, Appeal Dismissal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Edwin Kipngetich Rob
Applicant
Office of the Director of Public Prosecution
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling
Legal Issues
- 1 Whether the application challenging conviction and sentence for rape is merited.
- 2 Whether the prior appeal decision precludes further relief for the applicant.
Ratio Decidendi
The court found that the applicant had already exercised his right of appeal, which was fully considered and dismissed by the High Court in Criminal Appeal No. E093 of 2021 less than a year prior. The evidence and circumstances of the case, including the applicant's actions in luring and threatening the complainant before committing the offence, had been thoroughly re-evaluated on appeal. No new or exceptional grounds were presented to justify reopening the matter. The application was therefore found to lack merit and was dismissed.
Court Disposition
application dismissed
Orders
- The application is dismissed for lack of merit.
Full Case Text
Judgment text and source record
19 paragraphs
Rob v Office of the Director of Public Prosecution (Miscellaneous Criminal Application E011 of 2023) [2023] KEHC 19307 (KLR) (29 June 2023) (Ruling)
Neutral citation: [2023] KEHC 19307 (KLR)
Republic of Kenya
In the High Court at Mombasa
Miscellaneous Criminal Application E011 of 2023
A. Ong’injo, J
June 29, 2023
Between
Edwin Kipngetich Rob
Applicant
and
Office of the Director of Public Prosecution
Respondent
Ruling
1. Applicant arraigned in court on 8/10/2019 for offence of rape under Section 3(1) (a)(b) & 3(3) convicted on 6/10/2021 and sentenced to serve 10 years after consideration of mitigation on 6/10/2021.
2. Applicant lured the complainant to his residence pretending he wanted to by a phone from her. Once in his abode he threatened to stab the deceased with a knife before raping her.
3. Applicants appeal was considered in Mombasa High Court CR A No E093 of 2021 and the same was dismissed after evidence in the trial court was subjected to re-evaluation on October 27, 2022 less than one year ago.
4. The application herein lacks merit and is dismissed.
DATED, SIGNED AND DELIVERED IN OPEN COURT AT MOMBASA THIS 29TH DAY OF JUNE 2023HON. LADY JUSTICE A. ONG’INJOJUDGEIn the presence of:Ogwel – Court Asst.Mr. Ngiri for StateHon. Lady Justice A. Ong’injoJudge29/06/2023