[1997] KECA 370 (KLR)

[1997] KECA 370 (KLR)

The Court of Appeal held that, since this was a second appeal, it had no jurisdiction to interfere with the sentence imposed by the High Court except on matters of law, as provided by section 361 of the Criminal Procedure Code. The appeal against conviction was withdrawn by the appellant, and the appeal against...

Source-derived case information.

Citation
[1997] KECA 370 (KLR)
Parties
Appellant: Boniface Njoroge; Respondent: Republic
Court
Court of Appeal
Court Station
Court of Appeal at Nairobi
Jurisdiction
Kenya
Case Number
Criminal Appeal 125 of 1990
Procedural Posture
Criminal Appeal / Second Appeal
Outcome
Appeal against conviction withdrawn; appeal against sentence struck out for want of jurisdiction.
Judges
JE Gicheru, AM Akiwumi
Legal Topics
Criminal Appeals, Sentence Review, Jurisdiction of Appellate Court
Source Language
en
Criminal Law Criminal Appeals Sentence Review Jurisdiction of Appellate Court

Source-derived case record

Summary, issues, holding and outcome

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Parties

Boniface Njoroge

Appellant

Republic

Respondent

Procedural Posture

Criminal Appeal / Second Appeal

Legal Issues

  1. 1 Whether the Court of Appeal can interfere with the sentence passed by the High Court on a second appeal under section 361 of the Criminal Procedure Code.

Ratio Decidendi

The Court of Appeal held that, since this was a second appeal, it had no jurisdiction to interfere with the sentence imposed by the High Court except on matters of law, as provided by section 361 of the Criminal Procedure Code. The appeal against conviction was withdrawn by the appellant, and the appeal against sentence was struck out for want of jurisdiction. The court thus declined to consider the merits of the sentence, strictly applying the statutory limitation on its appellate powers in criminal matters at the second appellate level.

Court Disposition

Appeal against conviction withdrawn; appeal against sentence struck out for want of jurisdiction.

Orders

  • The appeal against conviction is marked withdrawn.
  • The appeal against sentence is struck out.