[2003] KEHC 302 (KLR)
The court found that the appellant was convicted on his own plea of guilty for burglary and stealing, and sentenced accordingly. Since the appeal was not prosecuted and the sentence had already been served, there was no basis to disturb the conviction or sentence. The appeal was therefore dismissed as moot and...
Source-derived case information.
- Citation
- [2003] KEHC 302 (KLR)
- Parties
- Appellant: Kalama Dad; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- ? 81 of 1991
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal dismissed
- Legal Topics
- Burglary, Stealing, Plea of Guilty, Conviction, Sentencing
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kalama Dad
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the conviction and sentence for burglary and stealing on a plea of guilty were proper.
- 2 Whether the appeal should be allowed given that the sentence has already been served.
Ratio Decidendi
The court found that the appellant was convicted on his own plea of guilty for burglary and stealing, and sentenced accordingly. Since the appeal was not prosecuted and the sentence had already been served, there was no basis to disturb the conviction or sentence. The appeal was therefore dismissed as moot and lacking in merit.
Court Disposition
appeal dismissed
Orders
- The appeal is dismissed.
Full Case Text
Judgment text and source record
14 paragraphs
IN THE HIGH COURT OF KENYA
AT MOMBASA
APPELLATE SIDE
CRIMINAL APPEAL NO.81 OF 1991
(From Original conviction and sentence in Criminal Case No.4300 of
1990 in the Chief Magistrate’s Court Mombasa)
KALAMA DAD …………………..………………………… APPELLANT
VERSUS
REPUBLIC …………………..………………………….. RESPONDENT
J U D G M E N T
Appellant was convicted of Burglary contrary to Section 304(2) and Stealing contrary to Section 279(b) of the Penal Code on his own plea of guilty and was sentenced to 3½ years and 3 years imprisonment respectively. He filed this appeal which was admitted on 5th December 1991.
The appeal has not been prosecuted and sentence has been served. Appeal is dismissed.
Dated and delivered at Mombasa this 22nd July 2003.
A.G.A. ETYANG JUDGE