[1995] KECA 56 (KLR)
The Court of Appeal held that since the appellant had abandoned his appeal against conviction in the High Court, his second appeal to the Court of Appeal could only be against sentence. However, section 361(1)(b) of the Criminal Procedure Code expressly prohibits the Court of Appeal from entertaining appeals against...
Source-derived case information.
- Citation
- [1995] KECA 56 (KLR)
- Parties
- Appellant: Abdalla Ahmed Abdul Rashid; Respondent: Republic
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 103 of 1995
- Procedural Posture
- Criminal Appeal / Second Appeal From the High Court to the Court of Appeal, Challenging Sentence Only
- Outcome
- Appeal struck out as incompetent for want of jurisdiction.
- Legal Topics
- Criminal Appeals, Sentence Review, Jurisdiction of Appellate Court
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Abdalla Ahmed Abdul Rashid
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Second Appeal From the High Court to the Court of Appeal, Challenging Sentence Only
Legal Issues
- 1 Whether the Court of Appeal has jurisdiction to hear an appeal against sentence where the appellant abandoned his appeal against conviction in the High Court.
Ratio Decidendi
The Court of Appeal held that since the appellant had abandoned his appeal against conviction in the High Court, his second appeal to the Court of Appeal could only be against sentence. However, section 361(1)(b) of the Criminal Procedure Code expressly prohibits the Court of Appeal from entertaining appeals against sentence except on matters of law. As the appellant's appeal was solely against sentence and did not raise any point of law, the Court lacked jurisdiction to hear the appeal. Consequently, the appeal was found to be incompetent and was struck out.
Court Disposition
Appeal struck out as incompetent for want of jurisdiction.
Orders
- The appellant's appeal is struck out.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA IN THE COURT OF APPEAL OF KENYA
AT NAIROBI
Criminal Appeal 103 of 1995
ABDALLA AHMED ABDUL RASHID……………….............................................…………..APPELLANT
AND
REPUBLIC…………………………..............................……………............………………..RESPONDENT
(Appeal from the judgment of the High Court of Kenya at Nairobi (Mr. Justice V.V. Patel) dated 31st May, 1995
IN
H.C.CR.A. NO. 398 OF 1994)
**************************
JUDGMENT OF THE COURT
The appellant's appeal in the superior court was against sentence having abandoned his appeal to that Court against conviction. His second appeal to this Court therefore against the decision of the first appellate court could only be against sentence. In the circumstances of the sentence imposed against him. Section 361(1)(b) of the Criminal Procedure Code debars this Court from hearing his appeal against sentence. The appellant's appeal is therefore incompetent and the same is struck out.
Dated and delivered at Nairobi this 19th day of December, 1995.
J.E. GICHERU
……………………..
JUDGE OF APPEAL
R.S.C. OMOLO
………………………
JUDGE OF APPEAL
A.M. AKIWUMI
………………………
JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR