Joseph Ombati Isaboke v Republic [2021] KEHC 8748 (KLR)

Facts

The appellant, Joseph Ombati Isaboke, was charged with defilement and deliberate transmission of a sexually transmitted disease. The victim, JN, testified that she was sent to a shop by her cousin and was subsequently taken by the appellant to his home, where she was held against her will and sexually assaulted.

Issues

1. Whether the conviction and sentence should be set aside due to a mistake by the trial court
2. Whether a retrial is necessary to ensure justice

Reasoning

The conviction was set aside due to a mistake by the trial court, not due to a defect for which the prosecution is to blame. The court finds that a retrial would not prejudice the appellant.

Outcome

The appellant is released into police custody and ordered to be produced before any other competent court within 7 days.