[1995] KECA 37 (KLR)
The Court of Appeal found that the appellant had not raised any issue of law in the second appeal, and that there were no misdirections in the concurrent findings of fact by the trial and first appellate courts. As such, there was no basis for interfering with the decisions of the lower courts. The appeal was...
Source-derived case information.
- Citation
- [1995] KECA 37 (KLR)
- Parties
- Appellant: Silvan Sochi Sochi; Respondent: Republic
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 91 of 1994
- Procedural Posture
- Criminal Appeal / Second Appeal; Judgment
- Outcome
- appeal dismissed
- Legal Topics
- Criminal Appeals, Concurrent Findings, Second Appeal, Issues of Law
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Silvan Sochi Sochi
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Second Appeal; Judgment
Legal Issues
- 1 Whether any issue of law was raised in the second appeal.
- 2 Whether there were misdirections in the concurrent findings of fact by the lower courts.
Ratio Decidendi
The Court of Appeal found that the appellant had not raised any issue of law in the second appeal, and that there were no misdirections in the concurrent findings of fact by the trial and first appellate courts. As such, there was no basis for interfering with the decisions of the lower courts. The appeal was therefore dismissed for lack of merit.
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 OF KENYA AT MOMBASA
Criminal Appeal 91 of 1994
SILVAN SOCHI SOCHI…………………............................…………………………….APPELLANT
AND
REPUBLIC…………………........................………………………………………….RESPONDENT
(Appeal from a judgment of the High Court of Kenya at Mombasa (Mr. Justice S. O. Oguk) dated 15th November, 1994,
IN
H.C.CR.A. NO. 276 OF 1994)
************************
JUDGMENT OF THE COURT
There is no merit in this appeal as no issue of law has been raised in this second appeal. Further, there are no misdirections in the concurrent findings of fact of the trial and the first appellate court. Accordingly the appeal is dismissed.
Dated at Mombasa this 16th day of January, 1995.
R. O. KWACH
……………………..
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