Miscellaneous Criminal Application E180 of 2022

Case Metadata
Case Number:	Miscellaneous Criminal Application E180 of 2022
Parties:	KMC v Republic
Date Delivered:	23 Feb 2023
Case Class:
Court:	High Court at Mombasa
Case Action:	Order
Judge(s):	Anne Colleta Apondi Ong’injo
Citation:	KMC v Republic (Miscellaneous Criminal Application E180 of 2022) [2023] KEHC 1138 (KLR) (23 February 2023) (Order)
Court Division:	Criminal
County:	Mombasa
Disclaimer:	The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information

Case Metadata

Case Number:

Parties:

KMC v Republic

Date Delivered:

23 Feb 2023

Case Class:

Court:

High Court at Mombasa

Case Action:

Order

Judge(s):

Anne Colleta Apondi Ong’injo

Citation:

KMC v Republic (Miscellaneous Criminal Application E180 of 2022) [2023] KEHC 1138 (KLR) (23 February 2023) (Order)

Court Division:

Criminal

County:

Mombasa

Disclaimer:

The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information

KMC v Republic (Miscellaneous Criminal Application E180 of 2022) [2023] KEHC 1138 (KLR) (23 February 2023) (Order)

Neutral citation: [2023] KEHC 1138 (KLR)

Republic of Kenya

In the High Court at Mombasa

Miscellaneous Criminal Application E180 of 2022

A. Ong’injo, J

February 23, 2023

Between

KMC

Applicant

and

Republic

Respondent

Order

1.Applicant prays that this court adjusts his sentence after considering his mitigation. The applicant defiled his daughter on 2 occasions & she conceived and gave birth to a child – DNA confirmed the applicant as father of child. Because the daughter was under the age of 18 years, penalty should have been life imprisonment.

2.He was however charged under Section 8(3) of the Sexual Offences Act and sentenced to serve 20 years. The Judge in Appeal No. 183 of 2015 found the sentence to be within the law. The applicant should serve & complete sentence.

3.Application dismissed.

DATED, SIGNED AND DELIVERED IN OPEN COURT THIS 23^RD DAY OF FEBRUARY 2023HON. LADY JUSTICE A. ONG’INJOJUDGE

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