[1984] KECA 108 (KLR)
The Court of Appeal held that the sentence of 6 years' imprisonment for stealing four chicken, though severe, was lawful and not manifestly excessive in the circumstances. The High Court was correct in summarily dismissing the appeal under Section 352(2) of the Criminal Procedure Code, as there was no right of...
Source-derived case information.
- Citation
- [1984] KECA 108 (KLR)
- Parties
- Appellant: Henry Nderitu; Respondent: Republic
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 38 of 1984
- Procedural Posture
- Criminal Appeal / Appeal Against Sentence; Second Appeal to Court of Appeal
- Outcome
- appeal dismissed
- Legal Topics
- Sentencing, Right of Appeal, Summary Dismissal, Theft Offences
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Henry Nderitu
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Appeal Against Sentence; Second Appeal to Court of Appeal
Legal Issues
- 1 Whether the sentence of 6 years' imprisonment for stealing four chicken valued at Ksh 120 was manifestly excessive.
- 2 Whether there is a right of second appeal against sentence in this case.
Ratio Decidendi
The Court of Appeal held that the sentence of 6 years' imprisonment for stealing four chicken, though severe, was lawful and not manifestly excessive in the circumstances. The High Court was correct in summarily dismissing the appeal under Section 352(2) of the Criminal Procedure Code, as there was no right of second appeal against sentence in this case. The invocation of Section 285 of the Penal Code was proper, and the appellant's health concerns did not warrant interference with the sentence. Accordingly, the appeal was dismissed.
Court Disposition
appeal dismissed
Orders
- The appeal is dismissed.
Full Case Text
Judgment text and source record
25 paragraphs
IN THE COURT OF APPEAL
AT NAKURU
CRIMINAL APPEAL 38 OF 1984
HENRY NDERITU …………………………………. APPELLANT
AND
REPUBLIC ……………………………………….. RESPONDENT
(appeal from an order of the High Court of Kenya at Nakuru (Masime J) dated July 22 1982 IN High Court Criminal Appeal No 284 of 1982)
JUDGEMENT OF THE COURT
The appellant pleaded guilty to stealing four chicken valued at Ksh 120 contrary to Section 275 and Section 285 of the Penal Code. He was sentenced to 6 years’ imprisonment pursuant to Section 221 of the Criminal Procedure Code. His appeal to the High Court (Masime J) was summarily dismissed under Section 352(2) of the Criminal Procedure Code.
The appeal is against sentence, the ground being that the sentence is manifestly excessive. The appellant claimed that his health is in jeopardy.
Learned Principal State Counsel urged that there is no right of appeal and that Section 285 of the Penal Code was correctly invoked.
The learned Judge correctly rejected the petition under Section 352(2). The sentence is lawful and is not in the circumstances excessive. There is no second appeal from such a sentence. The appeal is dismissed. That is the Court’s order.
Dated and delivered at Nakuru this day of September 25 1984.
A A KNELLER
…………………………….
JUDGE OF APPEAL
Z R CHESONI
……………………………..
AG JUDGE OF APPEAL
J O NYARANGI
…………………………….
AG JUDGE OF APPEAL
I certify that this is a true copy of the original.
……………………………
DEPUTY REGISTRAR