[2016] KECA 484 (KLR)
The Court of Appeal determined that it lacked jurisdiction to entertain the appeal because the sentence imposed by the trial court for manslaughter was lawful and not illegal. Section 361(1) of the Criminal Procedure Code expressly bars the Court from hearing appeals solely on the ground of severity of sentence...
Source-derived case information.
- Citation
- [2016] KECA 484 (KLR)
- Parties
- Appellant: Aminga Ochola Ooga; Respondent: Republic
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 117 of 2014
- Procedural Posture
- Criminal Appeal / Second Appeal From High Court Judgment on Sentence
- Outcome
- appeal dismissed for want of jurisdiction
- Judges
- DK Maraga, DK Musinga, AK Murgor
- Legal Topics
- Appeals on Sentence, Jurisdiction of Court of Appeal, Manslaughter Conviction
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Aminga Ochola Ooga
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Second Appeal From High Court Judgment on Sentence
Legal Issues
- 1 Whether the Court of Appeal has jurisdiction to entertain an appeal against the severity of sentence in a criminal matter where the sentence is lawful.
Ratio Decidendi
The Court of Appeal determined that it lacked jurisdiction to entertain the appeal because the sentence imposed by the trial court for manslaughter was lawful and not illegal. Section 361(1) of the Criminal Procedure Code expressly bars the Court from hearing appeals solely on the ground of severity of sentence unless the sentence is illegal. As the appellant's challenge was only on the severity and not the legality of the sentence, the appeal was dismissed for want of jurisdiction.
Court Disposition
appeal dismissed for want of jurisdiction
Orders
- The appeal is hereby dismissed.
Full Case Text
Judgment text and source record
32 paragraphs
IN THE COURT OF APPEAL
AT KISUMU
(CORAM: MARAGA, MUSINGA & MURGOR, JJ.A.)
CRIMINAL APPEAL NO. 117 OF 2014
BETWEEN
AMINGA OCHOLA OOGA ……………………………………. APPELLANT
AND
REPUBLIC …………………………………………………..… RESPONDENT
(Appeal from the Judgment of the High Court of Kenya at Kakamega, (Lenaola, J.) dated 17th March, 2011
in
HCCRA NO. 126 OF 2008
*******************
JUDGMENT OF THE COURT
The appellant herein was convicted by the trial court of the offence of manslaughter and sentenced to 10 years imprisonment. His appeal to the High Court against sentence was rejected.
The appellant chose to file a second appeal to this Court, which is on severity of sentence.
Miss Nyamosi, learned S. ADPP has rightly submitted that under section 36 (1)of theCriminal Procedure Code, this Court has no jurisdiction to hear an appeal against severity of sentence, unless that sentence was illegal.
The sentence that was handed down by the trial court was a lawful one.
In the circumstances, we agree that we have no jurisdiction to consider this appeal.
Consequently, the appeal is hereby dismissed.
It is so ordered.
DATED at Kisumu this 31st day of May, 2016.
D. K. MARAGA
…………………….………
JUDGE OF APPEAL
D. K. MUSINGA
…………….…………..….
JUDGE OF APPEAL
A. K. MURGOR
…………….………………
JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR