[2003] KEHC 434 (KLR)
The court found that the appeal was never admitted to hearing and that the sentence had already been served by the appellant. As such, there was no practical purpose in considering the appeal further, and it was dismissed. The court did not find any miscarriage of justice that would warrant interference with the...
Source-derived case information.
- Citation
- [2003] KEHC 434 (KLR)
- Parties
- Appellant: Joseph Odhiambo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- ? 1991 of 1990
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal dismissed
- Legal Topics
- Office Breaking, Sentencing, Appeal Dismissal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joseph Odhiambo
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the conviction for office breaking and committing a felony was proper.
- 2 Whether the sentence imposed was lawful and appropriate.
Ratio Decidendi
The court found that the appeal was never admitted to hearing and that the sentence had already been served by the appellant. As such, there was no practical purpose in considering the appeal further, and it was dismissed. The court did not find any miscarriage of justice that would warrant interference with the conviction or sentence imposed by the trial court.
Court Disposition
appeal dismissed
Orders
- The appeal is dismissed.
Full Case Text
Judgment text and source record
3 paragraphs
IN THE HIGH COURT OF KENYA AT MOMBASA APPELLATE SIDE CRIMINAL APPEAL NO.198OF 1991 (From Original conviction and sentence in Criminal Case No.1742 of 1990 of the Senior Magistrate’s Court, Malindi) JOSEPH ODHIAMBO …..………………………………… APPELLANT VERSUS REPUBLIC …………………..………………………….. RESPONDENT J U D G M E N T
Appellant was convicted of Office Breaking and committing a felony contrary to Section 306(a) Penal Code and was sentenced to two years imprisonment and two months, plus two strokes of the cane. He appealed against both conviction and sentence.
This appeal was never admitted to hearing and the sentence has been served. It is hereby dismissed. Dated and delivered at Mombasa this 22nd July 2003. A.G.A. ETYANG JUDGE