[1998] KECA 205 (KLR)
The Court of Appeal dismissed the appeal on the ground that it raised no point of law, as both the trial court and the first appellate court made concurrent findings of fact that were supported by the evidence on record. The appellate jurisdiction of the Court of Appeal in criminal matters is limited to points of...
Source-derived case information.
- Citation
- [1998] KECA 205 (KLR)
- Parties
- Appellant: Mercy Nduta Kariuki; Respondent: Republic
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- ? 5 of 1997
- Procedural Posture
- Criminal Appeal / Second Appeal; Judgment of the Court of Appeal
- Outcome
- appeal dismissed
- Legal Topics
- Appeals on Facts, Concurrent Findings, Standard of Review
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Mercy Nduta Kariuki
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Second Appeal; Judgment of the Court of Appeal
Legal Issues
- 1 Whether the appeal raises any point of law warranting interference with concurrent findings of fact by the lower courts.
Ratio Decidendi
The Court of Appeal dismissed the appeal on the ground that it raised no point of law, as both the trial court and the first appellate court made concurrent findings of fact that were supported by the evidence on record. The appellate jurisdiction of the Court of Appeal in criminal matters is limited to points of law, and it will not interfere with factual findings unless there is a clear misdirection or lack of evidentiary support. Since the appellants' grounds of appeal were purely factual and no legal issue was raised, the court found no basis to disturb the convictions or sentences imposed by the lower courts.
Court Disposition
appeal dismissed
Orders
- The appeal is dismissed.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE COURT OF APPEAL
AT NAIROBI
(CORAM: OMOLO, TUNOI & SHAH, JJ.A
CRIMINAL APPEAL NO. 5 OF 1997
BETWEEN
MERCY NDUTA
KARIUKI......................................APPELLANTS
AND
REPUBLIC.................................................RESPONDENT
(Appeal from a Judgment of the High Court of Kenya at Naioribi (Mr. Justice V.V. Patel) dated 27th July, 1995 in H.C.CR.A. NO. 297, 298 OF 1995) ***********************
JUDGMENT OF THE COURT
In this second appeal the two appellants have in their memorandum of appeal challenged their convictions purely on facts as found by the trial magistrate and the first appellate court. As there were concurrent findings of facts established by those two courts which, wed are satisfied, are borne by the evidence on record this appeal must fail as it raises no points of law. The appeal dismissed. This is our order.
Dated and delivered at Nairobi this 24th day of February,
1998.
R. S. C. OMOLO ...................
JUDGE OF APPEAL
P. K. TUNOI ...................
JUDGE OF APPEAL
A. B. SHAH .................
JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR