[1989] KECA 18 (KLR)
The Court of Appeal held that the appellant's grounds of appeal were limited to matters of fact, which are not within the jurisdiction of the appellate court to reconsider unless there is a clear error or miscarriage of justice. As both lower courts had made concurrent findings of fact supporting the conviction for...
Source-derived case information.
- Citation
- [1989] KECA 18 (KLR)
- Parties
- Appellant: Okelo; Respondent: Republic
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 168 of 1988
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal dismissed
- Judges
- JRO Masime
- Legal Topics
- Grievous Harm, Appeals on Facts, Penal Code Section 234
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Okelo
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the appellant's conviction for grievous harm under section 234 of the Penal Code was supported by the evidence on record.
- 2 Whether the grounds of appeal raised issues of law or only matters of fact.
Ratio Decidendi
The Court of Appeal held that the appellant's grounds of appeal were limited to matters of fact, which are not within the jurisdiction of the appellate court to reconsider unless there is a clear error or miscarriage of justice. As both lower courts had made concurrent findings of fact supporting the conviction for grievous harm under section 234 of the Penal Code, and no point of law was raised, the appeal lacked merit and was dismissed.
Court Disposition
appeal dismissed
Orders
- The appeal is dismissed.
Full Case Text
Judgment text and source record
21 paragraphs
IN THE COURT OF APPEAL
AT KISUMU
(Coram: Masime, JA Gicheru & Kwach AG JJA)
CRIMINAL APPEAL NO 168 OF 1988
BETWEEN
OKELO............................................................. APPELLANT
AND
REPUBLIC................................................................RESPONDENT
JUDGMENT
June 14, 1989, Masime, JA, Gicheru & Kwach, Ag, JJA delivered the following judgment.
This appellant appeals to this court against the concurrent findings of the two lower courts convicting him of the offence of grievous harm contrary to section 234 of the Penal code. The two grounds of appeal that are contained in his petition of appeal relate entirely to matters of fact and are not for this court to consider in the circumstances of this case. There is therefore no merit in this appeal and accordingly we order it to be dismissed.
Dated and delivered at Kisumu this 14th day of June , 1989
J.R.O MASIME
........................................
JUDGE OF APPEAL
J.E. GICHERU
AG. JUDGE OF APPEAL
R.O. KWACH
AG. JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR