[2002] KECA 91 (KLR)
The Court of Appeal found no merit in the appeal against conviction and sentence, holding that the High Court properly convicted and sentenced the appellant. The court dismissed the appeal in its entirety. However, the court recommended that the Committee on the Prerogative of Mercy or other relevant authority...
Source-derived case information.
- Citation
- [2002] KECA 91 (KLR)
- Parties
- Appellant: Jessica Chelangat Sigilai; Respondent: Republic
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 30 of 2002
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal dismissed
- Legal Topics
- Appeal Against Conviction, Appeal Against Sentence, Prerogative of Mercy
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jessica Chelangat Sigilai
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the conviction and sentence imposed by the High Court were proper and should be upheld.
- 2 Whether there are grounds for the exercise of the prerogative of mercy in favour of the appellant.
Ratio Decidendi
The Court of Appeal found no merit in the appeal against conviction and sentence, holding that the High Court properly convicted and sentenced the appellant. The court dismissed the appeal in its entirety. However, the court recommended that the Committee on the Prerogative of Mercy or other relevant authority consider the possibility of pardoning the appellant and releasing her from incarceration, noting that such action would serve the ends of justice.
Court Disposition
appeal dismissed
Orders
- The appeal is dismissed in its entirety.
- The court recommends that the Committee on the Prerogative of Mercy or other relevant authority consider the possibility of pardon and recommend the appellant's release from incarceration.
Full Case Text
Judgment text and source record
27 paragraphs
REPUBLIC OF KENYA
IN THE COURT OF APPEAL
AT NAKURU
CRIMINAL APPEAL NO. 30 OF 2002
BETWEEN
JESSICA CHELANGAT SIGILAI ................. APPELLANT
AND
REPUBLIC .......................................... RESPONDENT
(Appeal from a conviction and sentence of the High Court of Kenya at Nakuru (Lady Justice Ondeyo) dated 31st January, 2002
in
High Court Criminal Case No. 29 of 2001
Between
Republic ..................................... Prosecutor
and
Jessica Chelangat Sigilai ............... Accused)
____________________
In Court this 27th day of September, 2002.
Before: the Honourable Mr. Justice Kwach, a Judge of Appeal,
the Honourable Mr. Justice Tunoi, a Judge of Appeal
and the Honourable Mr. Justice Bosire, a Judge of Appeal.
O R D E R
THIS APPEAL coming up for hearing on 23rd September, 2002 AND UPON HEARING Mirugi Kariuki, Esq., Counsel for the appellant and J. O. Onyango, Esq., Counsel for the respondent, when the appeal was stood over for judgment and this appeal coming up for judgment this dayIT IS ORDERED that this appeal be and is hereby dismissed in its entirety. This Court does recommendthat the Committee on the Prerogative of Mercy or any other authority concerned do consider the possibility of the pardon and recommend her release from incaceration and that by doing so the ends of justice will be seen to have been met.
GIVENunder my hand and the Seal of the Court at Nakuru the 27th day of September, 2002.
DEPUTY REGISTRAR
Extracted on the 27th September, 2002
I certify that this is a true copy of this original.
DEPUTY REGISTRAR