[2004] KECA 129 (KLR)
The Court of Appeal dismissed the appeal because it was confined to issues of fact, which are outside the Court's jurisdiction on a second appeal in criminal cases. The Court found no issues of law raised by the appellant and, upon review of the record, was satisfied that the conviction for manslaughter and the...
Source-derived case information.
- Citation
- [2004] KECA 129 (KLR)
- Parties
- Appellant: Jared Obara Kaumba; Respondent: Republic
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 197 of 2003
- Procedural Posture
- Criminal Appeal / Second Appeal
- Outcome
- appeal dismissed; conviction and sentence upheld
- Legal Topics
- Manslaughter, Second Appeal, Scope of Appellate Review, Conviction Upheld
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jared Obara Kaumba
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Second Appeal
Legal Issues
- 1 Whether the Court of Appeal can entertain issues of fact on a second appeal in a criminal case.
- 2 Whether the conviction and sentence for manslaughter were proper.
Ratio Decidendi
The Court of Appeal dismissed the appeal because it was confined to issues of fact, which are outside the Court's jurisdiction on a second appeal in criminal cases. The Court found no issues of law raised by the appellant and, upon review of the record, was satisfied that the conviction for manslaughter and the sentence imposed were proper. The Court therefore upheld the conviction and sentence, affirming the decisions of the lower courts.
Court Disposition
appeal dismissed; conviction and sentence upheld
Orders
- The appeal is hereby dismissed.
- The conviction and sentence of 10 years imprisonment for manslaughter are upheld.
Full Case Text
Judgment text and source record
13 paragraphs
REPUBLIC OF KENYA IN THE COURT OF APPEAL AT KISUMU CORAM: GICHERU, C.J. TUNOI & GITHINJI, JJ.A CRIMINAL APPEAL NO. 197 OF 2003
BETWEEN
JARED OBARA KAUMBA…………..……………………APPELLANT AND REPUBLIC………………….……………………………RESPONDENT
(Appeal from a conviction a nd sentence of the High Court of Kenya at Kisii (Wambilyangah, J) dated 11 th July, 2003
in H.C.CR.A. NO. 16 OF 2003) ******************
JUDGMENT OF THE COURT
The appellant was after trial convicted of manslaughter contrary toSection 202 as read with Section 205of the Penal Code and sentenced to 10 years imprisonmen t. His first appeal to the High Court of Kenya at Kisii was dismissed and hence this second appeal.
Before us the appellant has only raised issues of fact which this Court being the second appellate Court is not competent to deal with. As there are no issues of law canvassed before us, the appeal must be rejected. However, we have carefully perused the record and we are satisfied that the appellant was properly convicted and we uphold the conviction. In the circumstances, this appeal is hereby dismissed.
DATED and DELIVERED at KISUMU this 22 nd day of November,2004.
J.E. GICHERU …………………………….. CHIEF JUSTICE P.K. TUNOI …………………….. JUDGE OF APPEAL E.M. GITHINJI ……………………….
JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR.