[1995] KECA 43 (KLR)
The Court of Appeal held that the learned High Court Judge properly exercised his powers under section 352(2) of the Criminal Procedure Code in summarily rejecting the appellant's appeal against sentence. The appellate court found no reason to interfere with the High Court's exercise of discretion, as there was no...
Source-derived case information.
- Citation
- [1995] KECA 43 (KLR)
- Parties
- Appellant: David Miringu Mungai; Respondent: Republic
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 54 of 1994
- Procedural Posture
- Criminal Appeal / Appeal Against Sentence
- Outcome
- appeal dismissed
- Judges
- AM Akiwumi, AB Shah
- Legal Topics
- Appeal Against Sentence, Summary Rejection of Appeal, Powers of High Court, Criminal Procedure Code
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
David Miringu Mungai
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Legal Issues
- 1 Whether the High Court properly exercised its power to summarily reject the appeal against sentence under section 352(2) of the Criminal Procedure Code.
- 2 Whether the Court of Appeal has grounds to interfere with the High Court's summary rejection of the appeal.
Ratio Decidendi
The Court of Appeal held that the learned High Court Judge properly exercised his powers under section 352(2) of the Criminal Procedure Code in summarily rejecting the appellant's appeal against sentence. The appellate court found no reason to interfere with the High Court's exercise of discretion, as there was no misdirection or error in principle. Consequently, the appeal was dismissed and the sentence imposed by the High Court was upheld.
Court Disposition
appeal dismissed
Orders
- The appeal is dismissed.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA IN THE COURT OF APPEAL OF KENYA AT NAKURU
CRIMINAL APPEAL 54 OF 1994
DAVID MIRINGU MUNGAI……………......................................…………………………..APPELLANT
AND
REPUBLIC…………………................................………………………………………..RESPONDENT
(Appeal from a conviction and sentence of the High Court of Kenya at Nakuru (Mr. Justice D.M. Rimita) dated 10th January, 1994
IN
H.C.CR.C. NO. 432 OF 1993
************************
JUDGMENT OF THE COURT
The appeal before this Court is against sentence. This was what had also been before the learned High Court Judge who in exercise of his powers under S.352 (2) of the Criminal Procedure Code rejected the appeal summarily. He is entitled to do this and under S.361 of that Code, we can see no reason why we can upset this exercise of the learned Judge's powers. In the circumstances, the appeal is dismissed.
Dated and delivered at Nakuru this 20th day of February, 1995.
A.M. AKIWUMI
……………………….
JUDGE OF APPEAL
P.K. TUNOI
………………………
JUDGE OF APPEAL
A.B. SHAH
………………………
JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR