[2001] KECA 165 (KLR)
The Court of Appeal is expressly barred by section 361 of the Criminal Procedure Code from entertaining a second appeal against sentence. Since the present appeal is solely against sentence, the court lacks jurisdiction to determine it and must strike it out.
Source-derived case information.
- Citation
- [2001] KECA 165 (KLR)
- Parties
- Appellant: George Nganga Njenga; Respondent: Republic
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Malindi
- Jurisdiction
- Kenya
- Case Number
- ? 57 of ??
- Procedural Posture
- Criminal Appeal / Second Appeal
- Outcome
- appeal struck out
- Legal Topics
- Appeals Against Sentence, Jurisdiction of Court, Criminal Procedure Code Section 361
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
George Nganga Njenga
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Second Appeal
Legal Issues
- 1 Whether the Court of Appeal has jurisdiction to entertain a second appeal against sentence under section 361 of the Criminal Procedure Code.
Ratio Decidendi
The Court of Appeal is expressly barred by section 361 of the Criminal Procedure Code from entertaining a second appeal against sentence. Since the present appeal is solely against sentence, the court lacks jurisdiction to determine it and must strike it out.
Court Disposition
appeal struck out
Orders
- The appeal is struck out.
Full Case Text
Judgment text and source record
9 paragraphs
REPUBLIC OF KENYA IN THE COURT OF APPEAL AT MOMBASA (Coram: Akiwumi, Tunoi & Shah, JJ.A.) CRIMINAL APPEAL NO. 57 OF 2000 BETWEEN
GEORGE NGANGA NJENGA.....................................APPELLANT AND REPUBLIC.................................................RESPONDENT
(Appeal from a conviction and sentence of the High Court of Kenya at Mombasa (Commissioner Mrs. Khaminwa) dated 20th December, 1999 in H.C.CR.A. NO. 182 OF 1994) ********************** RULING OF THE COURT:
The present appeal is against sentence only. This Court is deprived by section 361 of the Criminal Procedure Code of any jurisdiction to entertain a second appeal against sentence. In the result the present appeal is struck out. It is so ordered.
Dated and delivered at Mombasa this 17th day of January, 2001.
A.M. AKIWUMI ............... JUDGE OF APPEAL
P.K. TUNOI .............. JUDGE OF APPEAL
A.B. SHAH ............... JUDGE OF APPEAL
I certify that this is a true copy of the original. DEPUTY REGISTRAR