[2007] KECA 224 (KLR)
The Court of Appeal held that the superior court was entitled to summarily reject the appeal against conviction and sentence, as the main complaint was on the severity of sentence following a plea of guilty. The appellate court further found that it lacked jurisdiction to entertain a further appeal on sentence, as...
Source-derived case information.
- Citation
- [2007] KECA 224 (KLR)
- Parties
- Appellant: John Lesengei Lokoria; Respondent: Republic
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Eldoret
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 266 of 2005
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal dismissed
- Judges
- J Wakiaga, CA Otieno
- Legal Topics
- Defilement, Plea of Guilty, Severity of Sentence, Appellate Jurisdiction
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
John Lesengei Lokoria
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the superior court erred in summarily rejecting the appeal against conviction and sentence on a plea of guilty.
- 2 Whether the Court of Appeal has jurisdiction to entertain an appeal on sentence in this matter.
Ratio Decidendi
The Court of Appeal held that the superior court was entitled to summarily reject the appeal against conviction and sentence, as the main complaint was on the severity of sentence following a plea of guilty. The appellate court further found that it lacked jurisdiction to entertain a further appeal on sentence, as provided by section 361 of the Criminal Procedure Code. Consequently, the appeal was dismissed for want of jurisdiction and lack of merit.
Court Disposition
appeal dismissed
Orders
- The appeal is dismissed.
Full Case Text
Judgment text and source record
24 paragraphs
IN THE COURT OF APPEAL OF KENYA
AT ELDORET
CRIMINAL APPEAL 266 OF 2005
JOHN LESENGEI LOKORIA…....….…………..APPELLANT
AND
REPUBLIC………………….…………………RESPONDENT
(Appeal from an order of the High Court of Kenya Kitale (W. Karanja, J) dated 25/05/07
in
H.C.CR.A. NO. 31 OF 2005)
****************
JUDGMENT OF THE COURT
The appellant’s appeal was summarily rejected by the superior court under section 352(2) of the Criminal Procedure Code. The appeal was against conviction on a plea of guilty to an offence of defilement of a girl contrary to section 145(1) of the Penal Code. A sentence of 20 years imprisonment was imposed on the appellant upon his conviction. In the superior court the main complaint was on severity of sentence and we think the learned judge was perfectly entitled to reject that appeal. As we have no jurisdiction to entertain any further appeal on sentence by dint of section 361 of the Criminal Procedure Code we reject the appeal now before us and we order that it be and is hereby dismissed.
DATED and DELIVERED at ELDORET this 18th day of September, 2007.
R.S.C. OMOLO
…………………………
JUDGE OF APPEAL
P.N. WAKI
………………………………..
JUDGE OF APPEAL
J.W. ONYANGO OTIENO
…………………………………..
JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR