Rob v Office of the Director of Public Prosecution [2023] KEHC 19307 (KLR)

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