[2002] KECA 36 (KLR)
The Court of Appeal held that it has no jurisdiction to entertain an appeal solely on the ground of severity of sentence, as expressly provided by Section 361 of the Criminal Procedure Code. Since the appellant's appeal was limited to challenging the severity of the sentence and did not raise any question of law,...
Source-derived case information.
- Citation
- [2002] KECA 36 (KLR)
- Parties
- Appellant: Francis Nyachieo Marube; Respondent: Republic
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 53 of 1999
- Procedural Posture
- Criminal Appeal / Appeal Against Sentence
- Outcome
- Appeal struck out as incompetent.
- Judges
- RO Kwach
- Legal Topics
- Appeals Against Sentence, Criminal Procedure Code Section 361
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Francis Nyachieo Marube
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Legal Issues
- 1 Whether an appeal against severity of sentence lies to the Court of Appeal under Section 361 of the Criminal Procedure Code.
Ratio Decidendi
The Court of Appeal held that it has no jurisdiction to entertain an appeal solely on the ground of severity of sentence, as expressly provided by Section 361 of the Criminal Procedure Code. Since the appellant's appeal was limited to challenging the severity of the sentence and did not raise any question of law, the appeal was incompetent and had to be struck out. The court reaffirmed the statutory limitation on its appellate jurisdiction in criminal matters concerning sentence severity.
Court Disposition
Appeal struck out as incompetent.
Orders
- The appeal is struck out.
Full Case Text
Judgment text and source record
20 paragraphs
REPULIC OF KENYA
IN THE COURT OF APPEAL AT KISUMU(CORAM: KWACH, TUNOI & BOSIRE JJ.A)
CRIMINAL APPEAL NO.53 OF 1999
BETWEEN
FRANCIS NYACHIEO MARUBE ..............................APPELLANT
AND
REPUBLIC ........................................................RESPONDENT(Appeal from a judgment of the High Court of Kenya at Kisii (Waweru, J.) dated 28th May, 1999in H.C.CR.C. NO.219 OF 1998) *************
ORDER OF THE COURT
The appellant's first appeal to the superior court was against severity of sentence. That appeal was dismissed. His present appeal being an appeal against severity of sentence does not lie in view of the clear provisions of Section 361 of the Criminal Procedure Code. That being the case, this appeal is incompetent and is accordingly struck out.
Made at Kisumu this 11th day of June, 2002.
R.O. KWACH..................
JUDGE OF APPEAL
P.K. TUNOI
.................
JUDGE OF APPEAL
S.E.O. BOSIRE
...................
JUDGE OF APPEAL
I certify that this is a true copy of the original.
OKWDEPUTY REGISTRAR