1.Our short answer to this appeal is that we have no jurisdiction to entertain or determine it.
2.The appeal is preferred by Paul Odhiambo Yongo alias Rali, who is currently serving a 20-year term of imprisonment imposed by the Resident Magistrate at Ndhiwa upon conviction for the offence of causing grievous harm contrary to section 234 of the Penal Code. It was alleged and proved that on the 11th day of March 2015, at Lower Kayambo Location in Nyando District of Homa Bay county, he did grievous harm to Peter Odhiambo Ogalo. We need not go into the evidence that was led in proof of the offence.
3.The appellant’s first appeal to the High Court at Homa Bay was dismissed by H.A. Omondi, J. (as she then was) in a judgment delivered on February 2, 2017.
4.By a self-crafted memorandum of appeal dated May 10, 2023, the appellant’s appeal is expressed as follows;Reasons wherefore the appellants’ humble prayers are that;
5.As we have already stated, this is a second of appeal and by express statutory debarment, we cannot entertain the appeal as presented. Section 361 of the Criminal Procedure Code is in these terms;
6.The legality of the sentence is not under challenge. Nor is it alleged that the High Court enhanced sentence. The appeal before us as stated in black and white is against severity of sentence, the very thing the Code deems a matter of fact, over which a second appellate court has no jurisdiction.
7.In the result, and without belabouring the point, this appeal in incompetent for purporting to invoke a jurisdiction this court is bereft of, and is accordingly struck out.Order accordingly.