[1997] KECA 24 (KLR)
The Court found that the appellant's plea of guilty was unequivocal, thereby extinguishing his right to appeal against conviction. On the issue of sentence, the Court held that, sitting as a second appellate court, it lacked jurisdiction to interfere with the sentence imposed by the trial court and affirmed by the...
Source-derived case information.
- Citation
- [1997] KECA 24 (KLR)
- Parties
- Appellant: Singoei Sitinei; Respondent: Republic
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 67 of 1994
- Procedural Posture
- Criminal Appeal / Second Appeal From Conviction and Sentence
- Outcome
- Appeal against conviction and sentence dismissed.
- Legal Topics
- Defilement, Plea of Guilty, Sentencing, Jurisdiction on Appeal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Singoei Sitinei
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Second Appeal From Conviction and Sentence
Legal Issues
- 1 Whether the appellant had a right of appeal against conviction entered on an unequivocal plea of guilty.
- 2 Whether the Court of Appeal has jurisdiction to interfere with the sentence imposed by the trial court and affirmed by the High Court on second appeal.
Ratio Decidendi
The Court found that the appellant's plea of guilty was unequivocal, thereby extinguishing his right to appeal against conviction. On the issue of sentence, the Court held that, sitting as a second appellate court, it lacked jurisdiction to interfere with the sentence imposed by the trial court and affirmed by the High Court, provided the sentence was lawful. Consequently, both the appeal against conviction and sentence were dismissed.
Court Disposition
Appeal against conviction and sentence dismissed.
Orders
- The appeal against conviction is dismissed.
- The appeal against sentence is dismissed.
Full Case Text
Judgment text and source record
26 paragraphs
REPUBLIC OF KENYA IN THE COURT OF APPEAL OF KENYA AT NAKURU Criminal Appeal 67 of 1994
SINGOEI SITINEI…………………..APPELLANT
AND
REPUBLIC………………………..RESPONDENT
(Appeal from a conviction and sentence of the High Court of Kenya at Eldoret (Mr.
Justice Aganyanya) dated 20th August 1993
IN
H.C.CR.A. NO. 123 OF 1993)
***************************
JUDGMENT OF THE COURT
This is the second appeal from the judgment and orders of the Senior Principal Magistrate sitting at Eldoret (R.M. Mutitu) dated 13th May, 1993.
The appellant was convicted on his own plea of guilty on the offence of defilement of a young girl aged 3 years contrary to Section 145(1) of the Penal Code. He was sentenced to Eight (8) years imprisonment together with seven (7) strokes of the cane. The offence carries maximum of life imprisonment with hard labour.
The plea of guilty was unequivocal and therefore the appellant had no right of appeal against conviction. So the appeal against conviction has no merit. We hereby dismiss it.
With regard to the appellant's appeal against sentence this Court, sitting as it is on second appeal, it has no jurisdiction to interfere with the sentence imposed by Senior Principal Magistrate and the appeal rejected summarily by the Superior Court. The appeal against sentence also fails and it is hereby dismissed.
Dated and delivered at Nakuru this 27th day of September 1997
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