ABDALLA AHMED ABDUL RASHID v REPUBLIC [1995] KECA 56 (KLR)
- Court
- Court of Appeal
- Case number
- 56
- Citation
- [1995] KECA 56 (KLR)
- Decided
- 19 December 1995
- Parties
- raw · defendants · plaintiffs
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCriminal AppealPostureAppeal from the High Court's conviction and sentenceCoramJ.E. Gicheru, R.S.C. Omololo, A.M. Akwumi
Holding
The Court of Appeal finds the appellant's appeal incompetent and strikes it out.
Facts
The appellant, Abdalla Ahmed Abdul Rashid, had an appeal against conviction in the High Court, but abandoned it. He then appealed against the High Court's decision to the Court of Appeal.
Issues
- Whether the Court of Appeal has jurisdiction to hear the appeal against sentence
- Whether the appellant's appeal is incompetent due to the provisions of the Criminal Procedure Code
Reasoning
The Court of Appeal ruled that the appellant's appeal is incompetent because Section 361(1)(b) of the Criminal Procedure Code prohibits hearing appeals against sentence when the appellant has abandoned his appeal against conviction.
Outcome
The appeal is struck out.
Orders
- The appeal is struck out
Authorities cited
Legislation (1)
- Criminal Procedure Code
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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