[1983] KECA 9 (KLR)
The Court of Appeal held that the appeal raised only matters of fact, which had been carefully analyzed and properly evaluated by the High Court. The appellant was recognized by witnesses who knew him, and the absence of the sword did not undermine the identification or the conviction. The appellate court found no...
Source-derived case information.
- Citation
- [1983] KECA 9 (KLR)
- Parties
- Appellant: John Onyango Oduor; Respondent: Republic
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 91 of 1983
- Procedural Posture
- Criminal Appeal / Second Appeal
- Outcome
- appeal dismissed
- 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
Legal Issues
- 1 Whether the conviction for causing grievous harm was supported by properly evaluated evidence.
- 2 Whether the identification of the appellant was reliable and sufficient.
- 3 Whether the absence of the weapon (sword) affected the conviction.
Ratio Decidendi
The Court of Appeal held that the appeal raised only matters of fact, which had been carefully analyzed and properly evaluated by the High Court. The appellant was recognized by witnesses who knew him, and the absence of the sword did not undermine the identification or the conviction. The appellate court found no reason to interfere with the conviction, as there was no point of law raised and the evidence supported the findings of the lower courts. The sentence was not subject to appeal before this court.
Court Disposition
appeal dismissed
Orders
- The appeal against conviction is dismissed.
Full Case Text
Judgment text and source record
23 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 Code 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