Case Metadata |
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| Case Number: | Criminal Appeal 54 of 1994 |
|---|---|
| Parties: | DAVID MIRINGU MUNGAI v REPUBLIC |
| Date Delivered: | 20 Feb 1995 |
| Case Class: | Criminal |
| Court: | Court of Appeal at Nakuru |
| Case Action: | Judgment |
| Judge(s): | Akilano Molade Akiwumi, Amrittal Bhagwanji Shah, Philip Kiptoo Tunoi |
| Citation: | DAVID MIRINGU MUNGAI v REPUBLIC [1995] eKLR |
| Case History: | (Appeal from a conviction and sentence of the High Court of Kenya at Nakuru (Mr. Justice D.M. Rimita) dated 10th January, 1994 IN H.C.CR.C. NO. 432 OF 1993 |
| Court Division: | Criminal |
| Parties Profile: | Individual v Government |
| County: | Nakuru |
| History Docket No: | 432 of 1993 |
| History Judges: | David Maitai Rimita |
| Case Summary: | Criminal Practice and Procedure - appeal - summary dismissal of appeal - appeal against sentence - appeal summarily dismissed by the High Court under the Criminal Procedure Code sections 352(2),361 - whether there was a reason to upset the decision of the High Court. |
| History County: | Nakuru |
| Case Outcome: | Appeal Dismissed |
| 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 NAKURU
DAVID MIRINGU MUNGAI……………......................................…………………………..APPELLANT
AND
REPUBLIC…………………................................………………………………………..RESPONDENT
(Appeal from a conviction and sentence of the High Court of Kenya at Nakuru (Mr. Justice D.M. Rimita) dated 10th January, 1994
IN
H.C.CR.C. NO. 432 OF 1993
************************
JUDGMENT OF THE COURT
The appeal before this Court is against sentence. This was what had also been before the learned High Court Judge who in exercise of his powers under S.352 (2) of the Criminal Procedure Code rejected the appeal summarily. He is entitled to do this and under S.361 of that Code, we can see no reason why we can upset this exercise of the learned Judge's powers. In the circumstances, the appeal is dismissed.
Dated and delivered at Nakuru this 20th day of February, 1995.
A.M. AKIWUMI
……………………….
JUDGE OF APPEAL
P.K. TUNOI
………………………
JUDGE OF APPEAL
A.B. SHAH
………………………
JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR
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