[1990] KECA 27 (KLR)

[1990] KECA 27 (KLR)

The Court of Appeal held that it has no jurisdiction to interfere with the sentence on a second appeal where the appellant pleaded guilty and the sentence is not illegal. The summary rejection of the appeal by the High Court was not improper in the circumstances. Accordingly, the appeal was dismissed.

Source-derived case information.

Citation
[1990] KECA 27 (KLR)
Parties
Appellant: MUNASIA; Respondent: REPUBLIC
Court
Court of Appeal
Court Station
Court of Appeal at Nakuru
Jurisdiction
Kenya
Case Number
? 84 of 1989
Procedural Posture
Criminal Appeal / Second Appeal
Outcome
appeal dismissed
Legal Topics
Plea of Guilty, Summary Rejection of Appeal, Sentencing Jurisdiction
Source Language
en
Criminal Law Plea of Guilty Summary Rejection of Appeal Sentencing Jurisdiction

Source-derived case record

Summary, issues, holding and outcome

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Parties

MUNASIA

Appellant

REPUBLIC

Respondent

Procedural Posture

Criminal Appeal / Second Appeal

Legal Issues

  1. 1 Whether the Court of Appeal has jurisdiction to interfere with sentence on a second appeal where the appellant pleaded guilty.
  2. 2 Whether the summary rejection of the appeal by the High Court was proper.

Ratio Decidendi

The Court of Appeal held that it has no jurisdiction to interfere with the sentence on a second appeal where the appellant pleaded guilty and the sentence is not illegal. The summary rejection of the appeal by the High Court was not improper in the circumstances. Accordingly, the appeal was dismissed.

Court Disposition

appeal dismissed

Orders

  • The appeal is dismissed.