Gabrial Barasa Omar v Republic [2013] KECA 403 (KLR)
- Court
- Court of Appeal
- Case number
- 403
- Citation
- [2013] KECA 403 (KLR)
The Court of Appeal dismissed the appeal as it was a second appeal on sentence only and the jurisdiction to entertain such an appeal is limited by Section 361(1)(a) of the Criminal Procedure Code.
Facts
The appellant, Gabriel Barasa Omar, was charged with indecent assault on a girl under the age of sixteen years. The victim, BM, claimed that the appellant touched her private parts. The appellant denied the charge and was found guilty by the trial court. He was sentenced to ten (10) years imprisonment. He appealed to the High Court, which summarily dismissed the appeal. The appellant then appealed to the Court of Appeal.
Issues
- Severity of sentence
- Appeal jurisdiction
Reasoning
The Court of Appeal found that the appeal was only against the severity of the sentence and was a second appeal. It also noted that the sentence of ten (10) years imprisonment was lenient given the circumstances.
Outcome
Appeal dismissed
Authorities cited
Legislation (1)
- Criminal Procedure Code
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