[2015] KECA 46 (KLR)
The Court of Appeal held that an appeal against conviction does not lie where the appellant pleaded guilty before the High Court, in accordance with section 379(3) of the Criminal Procedure Code. However, an appeal is permissible as to the extent or legality of the sentence. Upon review, the Court found no reason to...
Source-derived case information.
- Citation
- [2015] KECA 46 (KLR)
- Parties
- Appellant: Egelan Kapelo; Respondent: Republic
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Eldoret
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 136 of 2011
- Procedural Posture
- Criminal Appeal / Appeal From Conviction and Sentence After Guilty Plea
- Outcome
- appeal dismissed
- Judges
- DK Musinga
- Legal Topics
- Manslaughter, Plea of Guilty, Sentence Appeal, Jurisdiction of Court of Appeal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Egelan Kapelo
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Appeal From Conviction and Sentence After Guilty Plea
Legal Issues
- 1 Whether an appeal lies to the Court of Appeal against conviction and sentence after a guilty plea in the High Court.
- 2 Whether the sentence imposed for manslaughter was excessive or illegal.
Ratio Decidendi
The Court of Appeal held that an appeal against conviction does not lie where the appellant pleaded guilty before the High Court, in accordance with section 379(3) of the Criminal Procedure Code. However, an appeal is permissible as to the extent or legality of the sentence. Upon review, the Court found no reason to interfere with the 15-year sentence for manslaughter, considering the nature of the offence and the circumstances. The appeal was therefore dismissed in its entirety.
Court Disposition
appeal dismissed
Orders
- The appeal is dismissed.
Full Case Text
Judgment text and source record
32 paragraphs
IN THE COURT OF APPEAL
AT ELDORET
(CORAM: MARAGA, MUSINGA & GATEMBU, JJA.)
CRIMINAL APPEAL NO. 136 OF 2011
BETWEEN
EGELAN KAPELO………………………………………..APPELLANT
AND
REPUBLIC……………………………………………………RESPONDENT
(Being an appeal from the judgment of the High Court of Kenya at Kitale, (Koome, J.) dated 9th June, 2011,
in
H.C.C.A No. 1 of 2011)
******************
JUDGMENT OF THE COURT
1. The appellant pleaded guilty to a charge of manslaughter contrary to section 202 as read with section 205 of the penal Code.It was alleged that on 2nd January 2011 at Kambi Miti Manyatta, Lowerang'ak Location within Turkana County, the appellant unlawfully caused the death of Peter Losuru. He was convicted and sentenced to 15 years' imprisonment.
2. Despite the plea of guilty, the appellant, who was unrepresented, preferred an appeal to this Court against both conviction and sentence.
3. When the appeal came up for hearing, the appellant merely pleaded with this Court to reduce the sentence. On the other hand, Mr. Mulati, Principal Prosecution Counsel submitted that under section 348 of the Criminal Procedure Code the appeal is untenable and urged us to dismiss it.
4. Section 348 of the Criminal Procedure Code that was cited to us by Mr. Mulatl is not applicable as it relates to appeals from subordinate courts to the High Court. This is an appeal from a judgment delivered by the High Court. Section 379 (3) of the Criminal Procedure Code states:
"(3) No appeal shall be allowed in the case of an accused person who has pleaded guilty and has been convicted on that plea by the High Court, except as to the extent or legality of his sentence."
5. The appellant’s appeal against conviction does not lie. The appeal against the extent of the sentence that was passed by the trial court is tenable. However, considering the nature of the offence that was committed by the appellant and the sentence that was handed down to him, we are not inclined to interfere with the sentence.
6. Consequently, this appeal is dismissed.
DATED AT ELDORET THIS 25TH DAY OF JUNE 2015
D.K.MARAGA
……………………………..
JUDGE OF APPEAL
D. K. MUSINGA
……………………………..
JUDGE OF APPEAL
S. GATEMBU KAIRU, FCIArb
…………………………………..
JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR