[1990] KECA 45 (KLR)
The Court of Appeal upheld the concurrent findings of fact by the trial court and the High Court that the appellant drove his vehicle in a dangerous manner, resulting in the death of a ten-month-old child who was within the verandah of her mother's house. The Court found no issue of law raised by the appellant that...
Source-derived case information.
- Citation
- [1990] KECA 45 (KLR)
- Parties
- Appellant: Tom Jacob Midila Ojwang; Respondent: Republic
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 126 of 1990
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal dismissed
- Judges
- EN Juma, JRO Masime, AM Cockar
- Legal Topics
- Dangerous Driving, Criminal Appeals, Concurrent Findings, Causation of Death
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Tom Jacob Midila Ojwang
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the appellant drove his vehicle in a dangerous manner causing the death of a child.
- 2 Whether there is any issue of law warranting consideration on appeal.
Ratio Decidendi
The Court of Appeal upheld the concurrent findings of fact by the trial court and the High Court that the appellant drove his vehicle in a dangerous manner, resulting in the death of a ten-month-old child who was within the verandah of her mother's house. The Court found no issue of law raised by the appellant that warranted consideration. Accordingly, the appeal was dismissed, affirming the conviction and sentence imposed by the lower courts.
Court Disposition
appeal dismissed
Orders
- The appeal is dismissed.
Full Case Text
Judgment text and source record
26 paragraphs
IN THE COURT OF APPEAL
AT KISUMU
(CORAM: NYARANGI, MASIME & COCKAR, JJ.A.)
CRIMINAL APPEAL NO. 126 OF 1990
BETWEEN
TOM JACOB MIDILA OJWANG..............................APPELLANT
AND
REPUBLIC..............................................................RESPONDENT
(Appeal from a judgment of the High Court of Kenya at Kisumu (Khamoni, J.) dated 5th October, 1990
in
H.C.CR. APPEAL NO. 155 OF 1990) ***********************
JUDGMENT OF THE COURT
The appellant's vehicle crushed the deceased child then aged ten months while the child was within the verandah of its mother's house. The trial court and the High Court made the correct concurrent findings of fact that in the circumstances the appellant drove his vehicle in a dangerous manner. There is no issue of law raised worth considering.
The appeal is ordered to be dismissed.
Dated and delivered at Kisumu this 3rd day of December,1990.
J.O. NYARANGI
..............
JUDGE OF APPEAL
J.R.O. MASIME
..............
JUDGE OF APPEAL
A.M. COCKAR
..............
JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR