[2014] KECA 54 (KLR)
The Court of Appeal held that it lacked jurisdiction to interfere with the severity of sentence in a criminal appeal where the appellant does not challenge the conviction or raise a point of law, as its jurisdiction is limited to issues of law only under Section 361(1)(a) of the Criminal Procedure Code. The sentence...
Source-derived case information.
- Citation
- [2014] KECA 54 (KLR)
- Parties
- Appellant: George Otieno Okumu; Respondent: Republic
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 530 of 2010
- Procedural Posture
- Criminal Appeal / Second Appeal; Judgment of the Court of Appeal
- Outcome
- appeal dismissed
- Judges
- AM Githinji, DK Musinga, S ole Kantai
- Legal Topics
- Rape Offence, Sentencing Principles, Appellate Jurisdiction
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
George Otieno Okumu
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Second Appeal; Judgment of the Court of Appeal
Legal Issues
- 1 Whether the Court of Appeal has jurisdiction to review the severity of sentence in a criminal appeal where the conviction is not challenged.
- 2 Whether the sentence of twenty years imprisonment for rape was lawful.
Ratio Decidendi
The Court of Appeal held that it lacked jurisdiction to interfere with the severity of sentence in a criminal appeal where the appellant does not challenge the conviction or raise a point of law, as its jurisdiction is limited to issues of law only under Section 361(1)(a) of the Criminal Procedure Code. The sentence of twenty years imprisonment for rape was lawful and within the statutory maximum. The appeal was therefore dismissed for lack of merit.
Court Disposition
appeal dismissed
Orders
- The appeal is dismissed.
Full Case Text
Judgment text and source record
29 paragraphs
IN THE COURT OF APPEAL AT KISUMU
(CORAM: {GITHINJI, MUSINGA & KANTAI. JJ. A)
CRIMINAL APPEAL NO. 530 OF 2010
BETWEEN
GEORGE OTIENO OKUMU….………………..…………………APPELLANT
AND
REPUBLIC…………….………………….…………………….RESPONDENT
(Appeal from a Judgment of the High Court of Kenya at Kisii, (Asike- Makhandia, J.) dated 30th November, 2010
in
HCCRA NO. 3 OF 2008)
********************
JUDGEMENT OF THE COURT
The appellant, George Otieno Okumu, was charged and convicted of the offence of rape by the learned trial magistrate (E. K. Mwita) and was sentenced to serve twenty years imprisonment in the judgement deliver.ed on 2Pt January 2008. His first appeal was dismissed by the High Court (Asike- Makhandia, J- as he then was) on 30th November, 2010.
In the Memorandum of Appeal to this court the appellant in essence states that since conviction and sentence he has reformed and changed his ways and thus prays that we reduce or review the sentence imposed by the trial court. He further states that he does not challenge conviction and sentence at all.
Section 361 (1) (a) of the Criminal Procedure Code limits our jurisdiction to issues of law only and severity of sentence is a matter of fact. The maximum sentence for the offence of rape in the Penal Code is life imprisonment.
The appellant was sentenced to serve twenty years imprisonment after he was convicted of the offence of rape. This was a lawful sentence and we cannot interfere with it.
The appeal has no merit and we accordingly dismiss it.
Dated and Delivered at Kisumu this 21st day of March, 2014.
E. M. GITHINJI
…………………...…
JUDGE OF APPEAL
D. MUSINGA
………………….......
JUDGE OF APPEAL
S ole KANTAI
……………………
JUDGE OF APPEAL
I certify that this is a true copy of the original
DEPUTY REGISTRAR