[2002] KECA 212 (KLR)
The Court of Appeal held that it was bound by the factual findings of the trial and first appellate courts, as there was evidence to support those findings. The appellant's conviction for grievous harm was based on sound evidence, and the plea of self-defence was properly rejected as the attack was unprovoked. No...
Source-derived case information.
- Citation
- [2002] KECA 212 (KLR)
- Parties
- Appellant: Kasuna Iswii; Respondent: Republic
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Malindi
- Jurisdiction
- Kenya
- Case Number
- ? 71 of 2001
- Procedural Posture
- Criminal Appeal / Second Appeal Before the Court of Appeal
- Outcome
- appeal dismissed
- Legal Topics
- Grievous Harm, Penal Code Section 234, Self Defence, Criminal Sentencing
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kasuna Iswii
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Second Appeal Before the Court of Appeal
Legal Issues
- 1 Whether there were errors of law in the judgments of the lower courts to warrant interference by the Court of Appeal.
- 2 Whether the plea of self-defence was properly rejected by the lower courts.
Ratio Decidendi
The Court of Appeal held that it was bound by the factual findings of the trial and first appellate courts, as there was evidence to support those findings. The appellant's conviction for grievous harm was based on sound evidence, and the plea of self-defence was properly rejected as the attack was unprovoked. No errors of law were identified in the judgments of the lower courts to warrant interference. Consequently, the appeal lacked merit and was dismissed.
Court Disposition
appeal dismissed
Orders
- The appeal is dismissed.
Full Case Text
Judgment text and source record
10 paragraphs
REPUBLIC OF KENYA
IN THE COURT OF APPEAL AT MOMBASA (CORAM: TUNOI, SHAH & KEIWUA, JJ.A.) CRIMINAL APPEAL NO. 71 OF 2001 BETWEEN
KASUNA ISWII ....................................... APPELLANT AND REPUBLIC .......................................... RESPONDENT (Appeal from a conviction and judgment of the High Court of Kenya at Mombasa (Hon. Tutui, Commissioner of Assize) dated 23rd March, 2000
in H.C.CR.APP. NO. 378 OF 1999) ************************* JUDGMENT OF THE COURT The appellant KASUNA ISWIIwas after trial convicted on two counts of grievous harm contrary to section 234 of the Penal Code and sentenced to seven years imprisonment on each count, the sentences to be served concurrently. His first appeal to the High Court of Kenya at Mombasa was dismissed. The convictions and the sentences were upheld. He now appeals to this Court and we remind ourselves that on this second appeal, we are precluded from questioning the findings of fact of the two lower courts, provided that there is evidence to support those findings: R v Hassan bin Said 9 E.A.C.A. 62.
Thus the only question to be decided in this appeal is whether there are errors of law in the judgments of the lower courts to warrant interference by this Court.
The evidence on record establishes beyond all reasonable doubt that the appellant viciously stabbed the complainants, PW1 and PW2, with a sharp knife. The attack was unprovoked. The plea of self defence canvassed by the appellant was correctly rejected by the courts below.
In our view the appellant was convicted on sound evidence and his appeal to this Court has no merit. The appeal is accordingly dismissed.
Dated and delivered at Mombasa this 14th day of January, 2002. P. K. TUNOI JUDGE OF APPEAL A. B. SHAH JUDGE OF APPEAL M. Ole KEIWUA JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR