[2016] KEHC 1033 (KLR)
The court found that the applicant, having pleaded guilty and been convicted and sentenced on the same day, had no right of appeal except as to the extent or legality of the sentence under section 348 of the Criminal Procedure Code. The applicant delayed for about four months without providing a good reason for the...
Source-derived case information.
- Citation
- [2016] KEHC 1033 (KLR)
- Parties
- Appellant: Robert Psinon; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kapenguria
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 14 of 2016
- Procedural Posture
- Miscellaneous Criminal Appeal / Application for Leave to Appeal Out of Time
- Outcome
- application dismissed
- Judges
- AM Githinji
- Legal Topics
- Leave to Appeal Out of Time, Plea of Guilty, Right of Appeal, Criminal Sentencing
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Robert Psinon
Appellant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Appeal / Application for Leave to Appeal Out of Time
Legal Issues
- 1 Whether the applicant is entitled to leave to appeal out of time after pleading guilty and being convicted and sentenced.
- 2 Whether section 348 of the Criminal Procedure Code bars the applicant from appealing after a guilty plea.
Ratio Decidendi
The court found that the applicant, having pleaded guilty and been convicted and sentenced on the same day, had no right of appeal except as to the extent or legality of the sentence under section 348 of the Criminal Procedure Code. The applicant delayed for about four months without providing a good reason for the delay. The court concluded that the intention to appeal was an afterthought and that the application lacked merit. Consequently, the application for leave to appeal out of time was summarily rejected and dismissed.
Court Disposition
application dismissed
Orders
- The application for leave to appeal out of time is summarily rejected and dismissed.
- Ruling to be served upon the applicant and the office of ODPP.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KAPENGURIA
MISCELLANEOUS CRIMINAL APPEAL NUMBER 14 OF 2016
CORAM: JUSTICE S.M GITHINJI
(From original conviction and sentence in criminal case number 1079 of 2016
of the Principal Magistrate’s Court at Kapenguria)
ROBERT PSINON ……… ………………………………..………. APPELLANT
VERSUS
REPUBLIC ………………………………….……………………. RESPONDENT
RULING
There is no filed appeal in this case. The pending application is for leave to appeal out of time.
The convict pleaded guilty to the offence of 4. 7.2016. He was convicted and sentenced on the very same day. The offence he was charged with carries a maximum sentence of life imprisonment. He was sentenced to serve 3 years imprisonment.
All motions regarding plea taking were well observed. Section 348 of the Criminal Procedure Code reads:-
“No appeal shall be allowed in the case of an accused person who has pleaded guilty and has been convicted on that plea by a subordinate court, except as to the extent or legality of the sentence.”
The accused in this case has delayed in appealing by about 4 months. No good reason is given for the said delay. Intention to appeal must be an afterthought. He also has no right of appeal given the provisions of section 348 of the CPC. His application is in want of merit and is accordingly summarily rejected and or dismissed.
S. M. GITHINJI
JUDGE
7. 11. 2016
Ruling be served upon him and the office of ODPP.
S. M. GITHINJI
JUDGE
7. 11. 2016