[2015] KEHC 3727 (KLR)
The High Court held that it lacked jurisdiction to entertain a further appeal against the conviction and sentence after the initial appeal had been heard and determined. The court reasoned that the statutory framework governing criminal appeals does not permit a second appeal to the High Court on the same matter....
Source-derived case information.
- Citation
- [2015] KEHC 3727 (KLR)
- Parties
- Appellant: John Mogesi Wangwi; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Migori
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 36 of 2014
- Procedural Posture
- Criminal Appeal / Judgment on Jurisdictional Objection
- Outcome
- appeal struck out for want of jurisdiction
- Judges
- DAS Majanja
- Legal Topics
- Robbery With Violence, Jurisdiction of High Court, Appeals Process, Double Appeal Bar
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
John Mogesi Wangwi
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment on Jurisdictional Objection
Legal Issues
- 1 Whether the High Court has jurisdiction to entertain a second appeal against conviction and sentence after the first appeal has been heard and determined.
- 2 Whether the petition of appeal filed after the dismissal of the initial appeal is competent.
Ratio Decidendi
The High Court held that it lacked jurisdiction to entertain a further appeal against the conviction and sentence after the initial appeal had been heard and determined. The court reasoned that the statutory framework governing criminal appeals does not permit a second appeal to the High Court on the same matter. Since the appellant's first appeal was dismissed and no further appeal was preferred to the Court of Appeal, the subsequent petition of appeal was incompetent. The court therefore struck out the appeal for want of jurisdiction.
Court Disposition
appeal struck out for want of jurisdiction
Orders
- The appeal is struck out.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT AT MIGORI
CRIMINAL APPEAL NO. 36 OF 2014
(FORMERLY KISII HCCRA NO. 94 OF 2010)
BETWEEN
JOHN MOGESI WANGWI ……………….............................. PETITIONER
AND
REPUBLIC ……………………………………………...…. RESPONDENT
(Being an appeal from the original judgment, conviction and sentence of the Senior Resident Magistrate’s Court at Migori, Hon. E. O. Awino in Migori Criminal Case No. 506 of 2004 dated 3rd May 2005)
JUDGMENT
1. The appellant herein filed an appeal against a conviction and sentence for the offence of robbery with violence contrary to section 296(2) of the Penal Code (Chapter 63 of the Laws of Kenya). The particulars were that on 20th April 2004 at Igena Sub-location in Kuria District, jointly with others not before the court he robbed Joseph Marwa Tigo of cash Kshs. 1,700/- and a pair of slippers valued at Kshs. 2,170 and at or immediately before or immediately after the time of such robbery wounded the said Joseph Marwa Tigo.
2. The appellant pleaded not guilty and after a trial, he was convicted and sentenced to death. On 6th May 2010, he lodged an appeal to the High Court at Kisii, High Court Criminal Appeal No. 89 of 2010. The appeal was heard and dismissed on 13th February 2013 by Sitati and Lagat-Korir JJ. He did not prefer a second appeal to the Court of Appeal.
3. At the time of filing the appeal, he also lodged another petition of appeal on 14th May 2010 against the same conviction and sentence. This court cannot entertain any further challenge to the subordinate court conviction and sentence once the appeal therefrom has been heard and determined. Since the court lacks jurisdiction to entertain this appeal, the only option is to strike it out.
4. The appeal is struck out.
DATEDandDELIVEREDatMIGORIthis 22nd day of July 2015.
D.S. MAJANJA
JUDGE
Appellant in person.
Ms Owenga, Senior Prosecuting Counsel, instructed by the Office of the Director of Public Prosecutions for the respondent.