[1994] KECA 32 (KLR)
The Court of Appeal held that the High Court was correct in summarily rejecting the appellant's appeal because the grounds of appeal did not raise any issue of law. The appellant had been convicted on his own plea of guilty for the offence of defilement under section 145(1) of the Penal Code. The court found that...
Source-derived case information.
- Citation
- [1994] KECA 32 (KLR)
- Parties
- Appellant: Simon Kimeli Sawe; Respondent: Republic
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 65 of 1994
- Procedural Posture
- Criminal Appeal / Appeal From Summary Rejection of High Court
- Outcome
- appeal dismissed
- Legal Topics
- Defilement, Plea of Guilty, Summary Rejection, Criminal Appeal Process
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Simon Kimeli Sawe
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Appeal From Summary Rejection of High Court
Legal Issues
- 1 Whether the High Court was correct in summarily rejecting the appellant's appeal under Section 352(2) of the Criminal Procedure Code.
- 2 Whether any issue of law was raised in the grounds of appeal before the High Court.
Ratio Decidendi
The Court of Appeal held that the High Court was correct in summarily rejecting the appellant's appeal because the grounds of appeal did not raise any issue of law. The appellant had been convicted on his own plea of guilty for the offence of defilement under section 145(1) of the Penal Code. The court found that the summary rejection was proper and in accordance with Section 352(2) of the Criminal Procedure Code, as there was no legal basis for the appeal. Consequently, the appeal was dismissed.
Court Disposition
appeal dismissed
Orders
- The appeal is dismissed.
Full Case Text
Judgment text and source record
27 paragraphs
REPUBLIC OF KENYA
IN THE COURT OF APPEAL OF KENYA
AT NAKURU
Criminal Appeal 65 of 1994
SIMON KIMELI SAWE……………………………..............................………………..APPELLANT
AND
REPUBLIC………….........................…………………………………..……………RESPONDENT
(Appeal from a summary rejection of the High Court of Kenya at Eldoret (Mr. Justice Aganyanya) dated 21st July, 1993
IN
H.C.CR.A. NO. 58 OF 1993)
************************
JUDGMENT OF THE COURT
The appellant was convicted on his own plea of guilty of Defilement of a girl contrary to section 145(1) of the Penal Code and sentenced to 7 years imprisonment with 8 strokes of the cane. His appeal to the High Court of Kenya at Eldoret was summarily rejected under Section 352(2) of the Criminal Procedure Code. Against that summary rejection he had appealed to this court.
There is no merit in this appeal as no issue of law has been raised.
The summary rejection was perfectly proper having regard to the grounds of appeal before the High Court. We accordingly dismiss the appeal. That is the order of the Court.
Dated and delivered at Nakuru this 27th day of September, 1994.
R.O. KWACH
……………………..
JUDGE OF APPEAL
M.G. MULI
………………………
JUDGE OF APPEAL
P.K. TUNOI
……………………….
JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR