Case Metadata |
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| Case Number: | Criminal Appeal 214 of 2003 |
|---|---|
| Parties: | EUNICE ANYANGO MATINI v REPUBLIC |
| Date Delivered: | 23 Nov 2004 |
| Case Class: | Criminal |
| Court: | Court of Appeal at Kisumu |
| Case Action: | |
| Judge(s): | Riaga Samuel Cornelius Omolo, Emmanuel Okello O'Kubasu, John walter Onyango Otieno |
| Citation: | EUNICE ANYANGO MATINI v REPUBLIC [2004] eKLR |
| Case Summary: | Criminal law - drug trafficking - trafficking in cannabis sativa - bhang - appeal against conviction and sentence if imprisonment for five years - first appeal summarily dismissed - second appeal against sentence - whether the second appellate could deal with the issue of sentence - Narcotic Drugs and Psychotropic Substances Control Act section 4(a); Criminal Procedure Code section 361 |
| Disclaimer: | The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information |
REPUBLIC OF KENYA
IN THE COURT OF APPEAL OF KENYA
EUNICE ANYANGO MATINI ……………………………….......………….. APPELLANT
AND
REPUBLIC …………………………………….…………….…………… RESPONDENT
(Appeal from an order of the High Court of Kenya at Kisii (Wambilyangah, J) dated 7th July, 2003
in
H.C. Cr. Appeal No. 194 of 2003)
******************
JUDGMENT OF THE COURT
The appellant was convicted on her own plea of guilty on a charge of trafficking in cannabis sativa (Bhang) contrary to section 4(a) of the Narcotic Drugs and Psychotropic Substances Control Act. She was sentenced to five years imprisonment. Her appeal to the High Court was summarily dismissed.
She now comes to this Court by way of second appeal. As this is an appeal against sentence only, this Court is not in a position to interfere in view of provisions of section 361 of the Criminal Procedure Code. Consequently, this appeal is dismissed.
Dated and delivered at Kisumu this 23rd day of November, 2004.
R.S.C OMOLO
……………………..
JUDGE OF APPEAL
E.O. O’KUBASU
……………………….
JUDGE OF APPEAL
J.W. ONYANGO OTIENO
……………………………….
AG. JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR
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