Oliver Munyaka Kabulu v Republic

High Court, at Kakamega

March 23, 1984

Gicheru J

Criminal Appeal No 76 of 1984

(Appeal from the Court Martial at Langata Barracks, Bosire Esq)

Court martial – taking part in a mutiny – contrary to section 25(2) of the Armed Forces Act (cap 199) – proof of offence – when the High Court exercising its appellate jurisdiction can interfere with the decision of the court martial.

Criminal Practice and Procedure - plea - guilty plea - conviction – on one’s own plea of guilty – merit of appeal against such a conviction.

The appellant was convicted of taking part in a mutiny contrary to section 25(2) of the Armed Forces Act (cap 199). He was sentenced to eight years’ imprisonment together with dismissal from the Armed Forces. The appellant appealed to the High Court against the conviction and sentence.

Held:

1. The court will not set aside a decision and sentence of the court martial unless it is shown that the sentence was manifestly excessive and/ or based on the wrong principle.
2. A conviction based on an accused person’s plea of guilty to an offence is proper and an appeal against such a conviction is without merit.

Appeal dismissed.

Cases

No cases referred to.

Statutes

1. Armed Forces Act (cap 199) section 25(2)

Advocates

1. Mr Kokonya for the Appellant
2. Major Mbewa for the Respondent