James Muiruri Kiarie v Republic [2010] KECA 295 (KLR)

Facts

The appellant, James Muiruri Kiarie, was charged with robbery contrary to section 296 (1) of the Penal Code and convicted by the Senior Resident Magistrate's Court. He appealed to the High Court, which reduced his sentence from six years to four years.

Issues

1. Whether the appellant's appeal against the sentence was properly brought to the Court of Appeal.
2. Whether the Court of Appeal had jurisdiction to hear the appeal on the severity of the sentence.

Reasoning

The appellant's appeal was against the sentence, and the Court of Appeal agreed with the State Counsel that the appellant was not entitled to raise it under section 361 of the Criminal Procedure Code. The Court ruled that the Court of Appeal has no jurisdiction to hear an appeal on the severity of the sentence unless the sentence is illegal.

Outcome

The appeal is struck out.

Authorities cited