Francis Nyachieo Marube v Republic (Criminal Appeal 53 of 1999) [2002] KECA 36 (KLR) (11 June 2002) (Order)
- Court
- Court of Appeal
- Case number
- 36
- Citation
- [2002] KECA 36 (KLR)
- Decided
- 11 June 2002
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCriminal AppealPostureAppeal from a judgment of the High Court of Kenya at Kisii (Waweru, J.) dated 28th May, 1999CoramS.E.O. BOSIRE, P.K. TUNOI, R.O. KWACH
Holding
The appeal is incompetent and is accordingly struck out.
Facts
The appellant Francis Nyachieo Marube appealed against the severity of his sentence, but the appeal was dismissed due to the provisions of Section 361 of the Criminal Procedure Code.
Issues
- Whether the appeal against the severity of the sentence is competent
- Whether the appeal against the severity of the sentence lies
Reasoning
The appeal was dismissed because the provisions of Section 361 of the Criminal Procedure Code make the appeal against the severity of the sentence incompetent.
Outcome
The appeal is incompetent and is accordingly struck out.
Orders
- The appeal is incompetent and is accordingly struck out.
Authorities cited
Legislation (2)
- Criminal Procedure Code
- Section 361
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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