[2004] KECA 22 (KLR)
The Court of Appeal dismissed the appeal on the ground that it lacked jurisdiction to interfere with the sentence imposed by the lower courts where the appeal is against sentence only, as provided under section 361 of the Criminal Procedure Code. The appellant had been convicted on her own plea of guilty for...
Source-derived case information.
- Citation
- [2004] KECA 22 (KLR)
- Parties
- Appellant: Eunice Anyango Matini; Respondent: Republic
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 214 of 2003
- Procedural Posture
- Criminal Appeal / Second Appeal
- Outcome
- appeal dismissed
- Legal Topics
- Sentencing Appeals, Trafficking in Narcotics, Plea of Guilty
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Eunice Anyango Matini
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Second Appeal
Legal Issues
- 1 Whether the Court of Appeal has jurisdiction to interfere with a sentence on a second appeal where the appeal is against sentence only.
Ratio Decidendi
The Court of Appeal dismissed the appeal on the ground that it lacked jurisdiction to interfere with the sentence imposed by the lower courts where the appeal is against sentence only, as provided under section 361 of the Criminal Procedure Code. The appellant had been convicted on her own plea of guilty for trafficking in cannabis sativa and sentenced to five years imprisonment. The High Court summarily dismissed her first appeal. The Court of Appeal found no question of law or illegality in the sentence to warrant its intervention, and thus upheld the lower courts' decisions.
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 KISUMU
CRIMINAL APPEAL 214 OF 2003
EUNICE ANYANGO MATINI ……………………………….......………….. APPELLANT
AND
REPUBLIC …………………………………….…………….…………… RESPONDENT
(Appeal from an order of the High Court of Kenya at Kisii (Wambilyangah, J) dated 7th July, 2003
in
H.C. Cr. Appeal No. 194 of 2003)
******************
JUDGMENT OF THE COURT
The appellant was convicted on her own plea of guilty on a charge of trafficking in cannabis sativa (Bhang) contrary to section 4(a) of the Narcotic Drugs and Psychotropic Substances Control Act. She was sentenced to five years imprisonment. Her appeal to the High Court was summarily dismissed.
She now comes to this Court by way of second appeal. As this is an appeal against sentence only, this Court is not in a position to interfere in view of provisions of section 361 of the Criminal Procedure Code. Consequently, this appeal is dismissed.
Dated and delivered at Kisumu this 23rd day of November, 2004.
R.S.C OMOLO
……………………..
JUDGE OF APPEAL
E.O. O’KUBASU
……………………….
JUDGE OF APPEAL
J.W. ONYANGO OTIENO
……………………………….
AG. JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR