[1996] KECA 37 (KLR)
The Court of Appeal held that after careful consideration of the grounds of appeal and submissions, the appeal did not raise any point of law as required for a second appeal under section 361(c) of the Criminal Procedure Code. The court found no merit in the appeal and dismissed it accordingly.
Source-derived case information.
- Citation
- [1996] KECA 37 (KLR)
- Parties
- Appellant: Francis Adamba Damba; Respondent: Republic
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 79 of 1995
- Procedural Posture
- Criminal Appeal / Second Appeal From Conviction and Judgment of the High Court
- Outcome
- appeal dismissed
- Judges
- RO Kwach, AM Akiwumi
- Legal Topics
- Second Appeal, Points of Law Only, Criminal Conviction, Appeal Dismissal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Francis Adamba Damba
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Second Appeal From Conviction and Judgment of the High Court
Legal Issues
- 1 Whether the second appeal raises any point of law as required under section 361(c) of the Criminal Procedure Code.
Ratio Decidendi
The Court of Appeal held that after careful consideration of the grounds of appeal and submissions, the appeal did not raise any point of law as required for a second appeal under section 361(c) of the Criminal Procedure Code. The court found no merit in the appeal and dismissed it accordingly.
Court Disposition
appeal dismissed
Orders
- The appeal is dismissed.
Full Case Text
Judgment text and source record
26 paragraphs
REPUBLIC OF KENYA
IN THE COURT OF APPEAL OF KENYA
AT KISUMU
CRIMINAL APPEAL 79 OF 1995
FRANCIS ADAMBA DAMBA......................………………….APPELLANT
AND
REPUBLIC............................………………………………RESPONDENT
(Appeal from a conviction and judgment of the High Court of Kenya at Kisii (Mr. Justice V. V. Patel) dated 20th May, 1995
IN
H.C.CR.APPEAL NO. 89 OF 1988
*****************************
JUDGMENT OF THE COURT
This is a second appeal by the appellant against his conviction. His appeal to the superior court was dismissed. In this second appeal to this Court an appeal can lie only on points of law: see s.361(c) Criminal Procedure Code. We have carefully considered the grounds set out in his petition and the submissions made by Mr. Onsongo for the appellant. We are not satisfied that the appeal raises any point of law. We may add that Mr. Karanja for the Republic very properly submitted that the point of law is raised by this appeal.
Accordingly, the appeal is dismissed.
Made at Kisumu this 18th day of March, 1996.
R. O. KWACH
……………………….
JUDGE OF APPEAL
A.M. AKIWUMI
……………………….
JUDGE OF APPEAL
A.A. LAKHA
………………………..
JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR