Case Metadata |
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| Case Number: | Criminal Appeal 103 of 1995 |
|---|---|
| Parties: | ABDALLA AHMED ABDUL RASHID v REPUBLIC |
| Date Delivered: | 19 Dec 1995 |
| Case Class: | Criminal |
| Court: | Court of Appeal at Nairobi |
| Case Action: | |
| Judge(s): | Johnson Evan Gicheru, Riaga Samuel Cornelius Omolo, Akilano Molade Akiwumi |
| Citation: | ABDALLA AHMED ABDUL RASHID v REPUBLIC [1995] eKLR |
| Case History: | (Appeal from the judgment of the High Court of Kenya at Nairobi (Mr. Justice V.V. Patel) dated 31st May, 1995 IN H.C.CR.A. NO. 398 OF 1994) |
| Case Summary: | Criminal Practice and Procedure - appeal - second appeal - appeal against sentence - whether the second appellate court was debarred from hearing the appeal - Criminal Procedure Code section 361(1)(b) |
| 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
AT NAIROBI
Criminal Appeal 103 of 1995
ABDALLA AHMED ABDUL RASHID……………….............................................…………..APPELLANT
AND
REPUBLIC…………………………..............................……………............………………..RESPONDENT
(Appeal from the judgment of the High Court of Kenya at Nairobi (Mr. Justice V.V. Patel) dated 31st May, 1995
IN
H.C.CR.A. NO. 398 OF 1994)
**************************
JUDGMENT OF THE COURT
The appellant's appeal in the superior court was against sentence having abandoned his appeal to that Court against conviction. His second appeal to this Court therefore against the decision of the first appellate court could only be against sentence. In the circumstances of the sentence imposed against him. Section 361(1)(b) of the Criminal Procedure Code debars this Court from hearing his appeal against sentence. The appellant's appeal is therefore incompetent and the same is struck out.
Dated and delivered at Nairobi this 19th day of December, 1995.
J.E. GICHERU
……………………..
JUDGE OF APPEAL
R.S.C. OMOLO
………………………
JUDGE OF APPEAL
A.M. AKIWUMI
………………………
JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR
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