[1996] KECA 32 (KLR)
The Court of Appeal held that, as this was a second appeal and the sentence imposed by the High Court was legal, it had no jurisdiction to interfere with the sentence. The appeal against sentence was therefore dismissed.
Source-derived case information.
- Citation
- [1996] KECA 32 (KLR)
- Parties
- Appellant: Kisoro Makoko; Respondent: Republic
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 109 of 1995
- Procedural Posture
- Criminal Appeal / Second Appeal
- Outcome
- appeal dismissed
- Legal Topics
- Appeals on Sentence, Jurisdiction of Appellate Court
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kisoro Makoko
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Second Appeal
Legal Issues
- 1 Whether the Court of Appeal has jurisdiction to interfere with a legal sentence on a second appeal.
Ratio Decidendi
The Court of Appeal held that, as this was a second appeal and the sentence imposed by the High Court was legal, it had no jurisdiction to interfere with the sentence. The appeal against sentence was therefore dismissed.
Court Disposition
appeal dismissed
Orders
- The appeal against sentence is dismissed.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA IN THE COURT OF APPEAL OF KENYA AT NAKURU
Criminal Appeal 109 of 1995
KISORO MAKOKO………………………….........................................…………………APPELLANT
AND
REPUBLIC………………...........................................………………………………. RESPONDENT
(Appeal from a sentence of the High Court of Kenya at Nakuru((Lady Justice S.C. Ondeyo) dated 22nd day of February,1995
IN
CRIMINAL CASE NO. 87 OF 1994
JUDGMENT OF THE COURT
This being a second appeal we have no jurisdiction to interfere with sentence imposed which is legal. In the result, the appeal against sentence is dismissed.
Dated and delivered at Nakuru this 25th day of September, 1996.
J.E. GICHERU
…………………….
JUDGE OF APPEAL
P.K. TUNOI
……………………
JUDGE OF APPEAL
A.A. LAKHA
………………….
JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR