[2005] KECA 258 (KLR)
The Court of Appeal held that it lacked jurisdiction to entertain a second appeal on the severity of sentence, as such matters are considered questions of fact under section 361(1)(a) of the Criminal Procedure Code. Since the appellant's appeal was solely on the ground of severity of sentence, the appeal was...
Source-derived case information.
- Citation
- [2005] KECA 258 (KLR)
- Parties
- Appellant: Geoffrey Yogen Kibet; Respondent: Republic
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 131 of 2003
- Procedural Posture
- Criminal Appeal / Second Appeal
- Outcome
- Appeal struck out as incompetent.
- Legal Topics
- Appeals on Sentence, Jurisdiction of Court of Appeal, Criminal Sentencing, Corporal Punishment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Geoffrey Yogen Kibet
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Second Appeal
Legal Issues
- 1 Whether the Court of Appeal has jurisdiction to entertain a second appeal on the severity of sentence imposed by the High Court.
- 2 Whether the appellant's sentence could be reduced by the Court of Appeal.
Ratio Decidendi
The Court of Appeal held that it lacked jurisdiction to entertain a second appeal on the severity of sentence, as such matters are considered questions of fact under section 361(1)(a) of the Criminal Procedure Code. Since the appellant's appeal was solely on the ground of severity of sentence, the appeal was incompetent and was accordingly struck out.
Court Disposition
Appeal struck out as incompetent.
Orders
- The appellant's appeal is struck out.
Full Case Text
Judgment text and source record
7 paragraphs
REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAKURU CORAM: GICHERU, C.J., O’KUBASU, J.A. & DEVERELL, AG. J.A. CRIMINAL APPEAL NO. 131 OF 2003BETWEEN GEOFFREY YOGEN KIBET………………………………………..APPELLANT AND REPUBLIC……………………………………………………………RESPONDENT
(Appeal from a sentence of the High Court of Kenya at Nakuru (Mr. Justice Muga Apondi) dated 8th May 2003 in H.C. CR. NO. 427 OF 2001 ***********
JUDGMENT OF THE COURT This is a second appeal from the decision of the first appellate Court dismissing the appellant’s appeal on sentence. The appellant’s appeal before us is on severity of sentence and pleads with us that the same should be reduced even for one day. He was sentenced to 10 years imprisonment with hard labour together with 10 strokes of corporal punishment. Under section 361 (1)(a) of the Criminal Procedure Code severity of sentence is a matter of fact and no second appeal lies to this Court on matter of fact. In the result the appellant’s appeal to this Court is incompetent and the same is struck out.
Dated and delivered at Nakuru this 22nd day of February, 2005.
J.E. GICHERU ………………. CHIEF JUSTICE E.O. O’KUBASU ………………………. JUDGE OF APPEAL W.S. DEVERELL …………………………. AG. JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR