[1996] KECA 35 (KLR)
The Court of Appeal held that since the appellant pleaded guilty unequivocally to the charge of handling stolen property, he could not be heard to deny the conviction on appeal. The High Court was entitled to summarily reject the appeal under section 352(2) of the Criminal Procedure Code, as there were no...
Source-derived case information.
- Citation
- [1996] KECA 35 (KLR)
- Parties
- Appellant: David Lekanoi Lesepe; Respondent: Republic
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 81 of 1994
- Procedural Posture
- Criminal Appeal / Appeal From Summary Rejection of Appeal by the High Court
- Outcome
- appeal dismissed
- Legal Topics
- Handling Stolen Property, Plea of Guilty, Summary Rejection of Appeal, Severity of Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
David Lekanoi Lesepe
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Appeal From Summary Rejection of Appeal by the High Court
Legal Issues
- 1 Whether the High Court was entitled to summarily reject the appellant's petition of appeal under section 352(2) of the Criminal Procedure Code.
- 2 Whether an unequivocal plea of guilty precludes the appellant from challenging the conviction.
- 3 Whether the severity of sentence is a valid ground for appeal in the circumstances.
Ratio Decidendi
The Court of Appeal held that since the appellant pleaded guilty unequivocally to the charge of handling stolen property, he could not be heard to deny the conviction on appeal. The High Court was entitled to summarily reject the appeal under section 352(2) of the Criminal Procedure Code, as there were no circumstances raising doubt about the correctness of the summary rejection. The ground relating to the severity of sentence was not sufficient to warrant interference, and no other arguable point of law was raised. Accordingly, the appeal was dismissed.
Court Disposition
appeal dismissed
Orders
- The appeal is dismissed.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA IN THE COURT OF APPEAL OF KENYA AT NAKURU Criminal Appeal 81 of 1994
DAVID LEKANOI LESEPE…………………………….......................…………….APPELLANT
AND
REPUBLIC……………………………………………...................………………RESPONDENT
(Appeal from an order of the High Court of Kenya at Nakuru (Lady Justice R.
Nambuye) dated 7th July, 1993,
IN
CRIMINAL CASE NO. 674 OF 1992)
*******************************
JUDGMENT OF THE COURT
The appellant David Lekanoi Lesepe pleaded guilty to the alternative charge of Handling Stolen Property contrary to section 322(2) of the Penal Code. He was convicted and sentenced to 3 years imprisonment. His appeal to the High Court (Nambuye, J.) was summarily rejected under section 352(2) of the Criminal Procedure Code.
The issue of law raised in this appeal is whether or not the learned judge could summarily reject the petition of appeal under section 352(2) of the Criminal Procedure Code. The appellant having pleaded guilty unequivocally he could not be heard to deny the conviction. The other ground relates to severity of sentence upon which an appeal may be summarily rejected. We see no other circumstances which could raise any doubt about the correctness of the summary rejection.
This appeal is dismissed. We so order.
Dated and delivered at Nakuru this 25th September, 1996.
J. E. GICHERU
…………………….
JUDGE OF APPEAL
P. K. TUNOI
……………………..
JUDGE OF APPEAL
A.A. LAKHA
……………………..
JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR