Kibet v Republic [2005] KECA 258 (KLR)
- Court
- Court of Appeal
- Case number
- 258
- Citation
- [2005] KECA 258 (KLR)
- Decided
- 22 February 2005
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCriminal AppealPostureSecond appeal from the decision of the first appellate court dismissing the appellant's appeal on sentence.CoramGICHERU, O’KUBASU, DEVERELL, AG. JUDGE OF APPEAL
Holding
The appellant's appeal to this Court is incompetent and the same is struck out.
Facts
The appellant, Geoffrey Yogen Kibet, was sentenced to 10 years imprisonment with hard labour and 10 strokes of corporal punishment by the High Court of Kenya at Nakuru.
Issues
- Severity of sentence
- Second appeal on matter of fact
Reasoning
Under section 361(1)(a) of the Criminal Procedure Code, severity of sentence is a matter of fact and no second appeal lies to this Court on matter of fact.
Outcome
The appeal is incompetent and struck out.
Orders
- The appeal is incompetent and struck out.
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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