[2003] KEHC 391 (KLR)
The court found no merit in the appeal against both conviction and sentence. The conviction for housebreaking and stealing was based on the evidence and the law as applied by the trial court. The sentence imposed was within the statutory limits. Since the sentence had already been served and the appeal did not meet...
Source-derived case information.
- Citation
- [2003] KEHC 391 (KLR)
- Parties
- Appellant: Mwanaarusi Salim; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- ? 321 of 1991
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal dismissed
- Legal Topics
- Housebreaking, Stealing, Sentencing, Appeal Dismissal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mwanaarusi Salim
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the conviction for housebreaking and stealing was proper.
- 2 Whether the sentence imposed was lawful and appropriate.
- 3 Whether the appeal should be admitted to hearing.
Ratio Decidendi
The court found no merit in the appeal against both conviction and sentence. The conviction for housebreaking and stealing was based on the evidence and the law as applied by the trial court. The sentence imposed was within the statutory limits. Since the sentence had already been served and the appeal did not meet the threshold for admission to hearing, the court dismissed the appeal.
Court Disposition
appeal dismissed
Orders
- The appeal is dismissed.
Full Case Text
Judgment text and source record
2 paragraphs
IN THE HIGH COURT OF KENYA AT MOMBASA APPELLATE SIDE CRIMINAL APPEAL NO.321 OF 1991 (From Original conviction and sentence in Criminal Case No.1494 of 1991 in the Senior Resident Magistrate’s Court at Malindi on 2nd September 1991) MWANAARUSI SALIM ………..…….…………………… APPELLANT VERSUS REPUBLIC …………………..………………………….. RESPONDENT J U D G M E N T
Appellant was convicted of Housebreaking contrary to Section 304(1) and Stealing contrary to Section 279(b) Penal Code and sentenced to a total of six years imprisonment and five strokes of the cane. He appealed against both conviction and sentence but appeal was not admitted to hearing. Sentence has been served. Appeal is dismissed. Dated and delivered at Mombasa this 25th July 2003. A.G.A. ETYANG JUDGE