[2000] KECA 85 (KLR)
The Court of Appeal dismissed the appeal on the basis that it has no jurisdiction to entertain an appeal against sentence only on a second appeal. The appellant did not challenge the conviction, and all grounds of appeal related solely to the sentence. The law, specifically Section 361(1) of the Criminal Procedure...
Source-derived case information.
- Citation
- [2000] KECA 85 (KLR)
- Parties
- Appellant: Enock Motari Kiboma; Respondent: Republic
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Malindi
- Jurisdiction
- Kenya
- Case Number
- ? 102 of 1999
- Procedural Posture
- Criminal Appeal / Second Appeal
- Outcome
- appeal dismissed
- Legal Topics
- Appeal Against Sentence, Jurisdiction of Court of Appeal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Enock Motari Kiboma
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Second Appeal
Legal Issues
- 1 Whether the Court of Appeal has jurisdiction to entertain an appeal against sentence on a second appeal.
Ratio Decidendi
The Court of Appeal dismissed the appeal on the basis that it has no jurisdiction to entertain an appeal against sentence only on a second appeal. The appellant did not challenge the conviction, and all grounds of appeal related solely to the sentence. The law, specifically Section 361(1) of the Criminal Procedure Code, restricts the Court's jurisdiction on second appeals to matters of law only, and not to issues of sentence. Therefore, the appeal was incompetent and was dismissed accordingly.
Court Disposition
appeal dismissed
Orders
- The appeal is dismissed.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE COURT OF APPEAL AT MOMBASA (CORAM: OMOLO, LAKHA & KEIWUA, JJ.A.) CRIMINAL APPEAL NO. 102 OF 1999 BETWEEN
ENOCK MOTARI KIBOMA ................................ APPELLANT
AND
REPUBLIC ...........................................RESPONDENT
(Appeal from a Judgment of the High Court of Kenya at Mombasa (Justice Hayanga) dated 23rd October, 1998 in H.C.CR.A. NO. 468 OF 1996 *************
JUDGMENT OF THE COURT
We have carefully considered the appellant's grounds of appeal as set out in the Memorandum. All of them relate to sentence and they are therefore an appeal against sentence only. There is no appeal against conviction. This being a second appeal we have no jurisdiction to entertain an appeal against sentence.
This appeal is, therefore, dismissed.
Dated and delivered at Mombasa this 25th day of January, 2000.
R. S. C. OMOLO .................
JUDGE OF APPEAL
A. A. LAKHA .................
JUDGE OF APPEAL
M. KEIWUA .................
JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR.