MWALIMU KADZAGAMBA & TAAB KADZAGAMBA vs REPUBLIC [2001] KECA 51 (KLR)
- Court
- Court of Appeal
- Case number
- 51
- Citation
- [2001] KECA 51 (KLR)
- Decided
- 24 January 2001
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCriminal AppealPostureAppeals from a conviction and judgment of the High Court of Kenya at Mombasa (Waki, J.) dated 28th June, 1999CoramR. S. C. OMOLO, S. E. O. BOSIRE, E. OWUOR
Holding
The appeals are struck out for being incompetent.
Facts
The appellants pleaded guilty to a charge of manslaughter contrary to section 202 as read with 205 of the Penal Code before the Chief Magistrate's Court at Malindi, and were each sentenced to an imprisonment term of 10 years.
Issues
- whether the sentences imposed are harsh and should be reduced
- whether the appeals lie in as far as they relate to severity of sentence only
Reasoning
By dint of the provisions of section 361(1) of the Criminal Procedure code, a second appeal to this court must only relate to points of law, and the question as to severity of sentence is a matter of fact.
Outcome
The appeals are struck out.
Orders
- The appeals are struck out for being incompetent.
Authorities cited
Legislation (2)
- Criminal Procedure Code
- Penal 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.
Loading judgment…