[1983] KECA 87 (KLR)
The Court of Appeal found that the High Court had carefully analyzed the facts and evidence, and that the trial court's findings were properly evaluated. The appellant was recognized by witnesses who knew him, and the absence of the weapon or the evidence of the brothers did not affect the reliability of the...
Source-derived case information.
- Citation
- [1983] KECA 87 (KLR)
- Parties
- Appellant: John Onyango Oduor; Respondent: Republic
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Kisumu
- Jurisdiction
- Kenya
- Case Number
- ? 91 of 1983
- Procedural Posture
- Criminal Appeal / Second Appeal; Judgment of the Court of Appeal
- Outcome
- appeal dismissed; conviction upheld
- Judges
- AA Kneller
- Legal Topics
- Grievous Harm, Identification Evidence, Appeals on Facts, Corporal Punishment, Police Supervision
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
John Onyango Oduor
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Second Appeal; Judgment of the Court of Appeal
Legal Issues
- 1 Whether the conviction for causing grievous harm was supported by properly evaluated evidence.
- 2 Whether the failure to produce the alleged weapon affected the reliability of the identification and conviction.
- 3 Whether there was any point of law raised on the second appeal.
Ratio Decidendi
The Court of Appeal found that the High Court had carefully analyzed the facts and evidence, and that the trial court's findings were properly evaluated. The appellant was recognized by witnesses who knew him, and the absence of the weapon or the evidence of the brothers did not affect the reliability of the identification. The delay in arrest was explained by the appellant's absence from home. No point of law was raised on the second appeal, and the matters raised were purely factual. The court therefore dismissed the appeal against conviction, holding that there was no basis for interference with the concurrent findings of fact by the lower courts.
Court Disposition
appeal dismissed; conviction upheld
Orders
- The appeal against conviction is dismissed.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE COURT OF APPEAL AT KISUMU
(Coram: Kneller, J.A. Chesoni and Platt, Ag. JJ.A)
CRIMINAL APPEAL NO 91 OF 1983
BETWEEN
JOHN ONYANGO ODUOR ……………………………………………..APPELLANT
AND
REPUBLIC………………………………………………………………..RESPONDENT
(Appeal from a sentence of the High Court of Kenya at Kisumu (Schofiedl, J.) dated March 19 1983
in
Criminal Case 776 of 1983)
JUDGMENT OF THE COURT
The appellant, who at first did not wish to appear before us but who has appeared has raised no point of law on this second appeal. He was convicted of causing grievous harm contrary to section 234 of the Penal C ode and sentenced to four years' imprisonment, twelve strokes of corporal punishment and five years of police supervision.
The appeal concerns facts, very carefully analyzed by the High Court in the light of the findings by the trial court. These was evidence which was properly evaluated by the High Court, upon which the courts below could come to the conclusion, that the Appellant was guilty of the offence charged. The Appellant was held to be recognised by witnesses who knew him. The evidence of the brothers was not necessary. It would have carried the Appellant's identification no further by the production of the sword which the Appellant complains was not produced. The Appellant was arrested sometime after the event because he had left home. All those matters were matters of fact.
Consequently the appeal is dismissed against conviction. There is no appeal to this court on sentence.
Delivered at Kisumu this 5th day of December, 1983.
A.A. KNELLER
JUDGE OF APPEAL
Z R CHESONI
AG JUDGE OF APPEAL
H G PLATT
AG JUDGE OF APPEAL