[2004] KECA 127 (KLR)
The Court of Appeal held that it has no jurisdiction to entertain a second appeal on the ground of severity of sentence, as expressly provided by section 361(1)(a) of the Criminal Procedure Code. The appellant's sole ground of appeal was on the harshness and excessiveness of the sentence, which is not a point of law...
Source-derived case information.
- Citation
- [2004] KECA 127 (KLR)
- Parties
- Appellant: Solomon Otieno Odondi; Respondent: Republic
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 56 of 2003
- Procedural Posture
- Criminal Appeal / Second Appeal
- Outcome
- Appeal dismissed.
- Legal Topics
- Manslaughter, Sentencing, Appeals Process
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Solomon Otieno Odondi
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Second Appeal
Legal Issues
- 1 Whether the Court of Appeal has jurisdiction to entertain a second appeal on the ground of severity of sentence.
- 2 Whether the sentence imposed on the appellant was harsh and manifestly excessive.
Ratio Decidendi
The Court of Appeal held that it has no jurisdiction to entertain a second appeal on the ground of severity of sentence, as expressly provided by section 361(1)(a) of the Criminal Procedure Code. The appellant's sole ground of appeal was on the harshness and excessiveness of the sentence, which is not a point of law but a matter of discretion. Therefore, the appeal was dismissed for want of jurisdiction.
Court Disposition
Appeal dismissed.
Orders
- The appeal is dismissed.
Full Case Text
Judgment text and source record
11 paragraphs
REPUBLIC OF KENYA
IN THE COURT OF APPEAL AT KISUMU(CORAM: TUNOI, GITHINJI, JJ.A & ONYANGO OTIENO, AG. J.A)CRIMINAL APPEAL NO. 56 OF 2003
BETWEEN
SOLOMON OTIENO ODONDI ………………………………….… APPELLANTANDREPUBLIC …………………………………………………………… RESPONDENT
JUDGMENT OF THE COURT
SOLOMON OTIENO ODONDI, the appellant, was convicted of manslaughter and sentenced to 15 years imprisonment. His first appeal to the High Court of Kenya at Kisii was dismissed on 14th March, 2003. This is a second appeal.
The appellant’s only ground of appeal is that the sentence imposed upon him by the trial court was harsh and manifestly excessive and urges us to reduce it or place him on probation.
Under section 361 (1) (a) of the Criminal Procedure Code, no appeal lies to the Court of Appeal in a second appeal on a matter of severity of sentence; and consequently, this appeal fails and is accordingly dismissed.
Dated and delivered at Kisumu this 22nd day of November, 2004. P.K. TUNOI …………………… JUDGE OF APPEAL
E.M. GITHINJI …………………….. JUDGE OF APPEAL
J.W. ONYANGO OTIENO …………………………….. AG. JUDGE OF APPEAL I certify that this is a true copy of the original. DEPUTY REGISTRAR