[2008] KEHC 613 (KLR)
The court determined that, in the interest of justice and to avoid prejudice to the 2nd appellant, it was necessary to defer judgment until the 2nd appellant had been given adequate opportunity to present further submissions regarding his conviction and sentence for rape. This decision was based on the fact that...
Source-derived case information.
- Citation
- [2008] KEHC 613 (KLR)
- Parties
- Appellant: Samwel Kimani Kinyanjui; Appellant: Samwel Chege Mwangi; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 88'A' & 'B' of 2005
- Procedural Posture
- Criminal Appeal / Ruling on Deferment of Judgment Pending Further Submissions
- Outcome
- Judgment deferred pending further submissions by the 2nd appellant on the rape conviction.
- Judges
- DK Maraga, CN Mugo
- Legal Topics
- Robbery With Violence, Rape, Conviction and Sentence, Appeal Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Samwel Kimani Kinyanjui
Appellant
Samwel Chege Mwangi
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Ruling on Deferment of Judgment Pending Further Submissions
Legal Issues
- 1 Whether the conviction and sentence for rape against the 2nd appellant were properly addressed on appeal.
- 2 Whether the 2nd appellant should be given an opportunity to make further submissions regarding the rape conviction.
Ratio Decidendi
The court determined that, in the interest of justice and to avoid prejudice to the 2nd appellant, it was necessary to defer judgment until the 2nd appellant had been given adequate opportunity to present further submissions regarding his conviction and sentence for rape. This decision was based on the fact that neither counsel nor the 2nd appellant had addressed the rape conviction during the appeal hearing, and the 2nd appellant had previously requested more time to prepare. The court emphasized the importance of ensuring that all grounds of appeal are fully canvassed before rendering a final judgment, particularly where the liberty of an appellant is at stake.
Court Disposition
Judgment deferred pending further submissions by the 2nd appellant on the rape conviction.
Orders
- Judgment is deferred until the 2nd appellant has had time to present further submissions as appropriate.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAKURU
Criminal Appeal 88'A' & 'B' of 2005
SAMWEL KIMANI KINYANJUI………...……….……1ST APPELLANT
SAMWEL CHEGE MWANGI…………..…………...…2ND APPELLANT
VERSUS
REPUBLIC………………………………………………..RESPONDENT
RULING
This Ruling is made in H.C.CR. Appeal Nos. 88A and 88B which were consolidated and heard together on 3rd July, 2008. Learned Counsel Mr. Karanja appeared for the 1st appellant and indicated to the court that he could also represent the 2nd appellant. The 2nd appellant accepted Mr. Karanja’s offer.
Whereas the appellants were both tried, convicted and sentenced on a combined charge of robbery with violence, the 2nd Appellant also faced a second count of rape, contrary to Section 141 of the Penal Code, in respect of which he was also convicted and sentenced to 7 years imprisonment.
The State conceded to the appeal but only addressed itself to the robbery with violence charge. Submitting on behalf of the appellants, Learned Counsel Mr. Karanja did not also touch on the rape charge at all. The 2nd appellant did not submit on the same either and had nothing to add to what opposing counsel had submitted.
Upon reflection, we are of the view that the issue of the conviction and sentence for the offence of rape need to be addressed in the interest of justice, in order to avoid possible prejudice to the 2nd appellant who, prior to Mr. Karanja taking over the conduct of his appeal, had requested this court to allow him time to prepare himself. In the circumstances our judgment is deferred until such time as the 2nd appellant has had time to present further submissions as appropriate.
DATED and DELIVERED at Nakuru this 18th day of July, 2008.
D. K. MARAGA
JUDGE
M. G. MUGO
JUDGE