Case Metadata |
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| Case Number: | Criminal Appeal 65 of 1994 |
|---|---|
| Parties: | Simon Kimeli Sawe v Republic |
| Date Delivered: | 27 Sep 1994 |
| Case Class: | Criminal |
| Court: | Court of Appeal at Nakuru |
| Case Action: | Judgment |
| Judge(s): | Philip Kiptoo Tunoi, Richard Otieno Kwach, Mathew Guy Muli |
| Citation: | Simon Kimeli Sawe v Republic [1994] eKLR |
| Case History: | Appeal from a summary rejection of the High Court of Kenya at Eldoret (Mr. Justice Aganyanya) dated 21st July, 1993 IN H.C.CR.A. NO. 58 OF 1993 |
| Court Division: | Criminal |
| County: | Nakuru |
| History Docket No: | H.C.CR.A. NO. 58 OF 1993 |
| History Judges: | Daniel Kennedy Sultani Aganyanya |
| History County: | Uasin Gishu |
| Case Outcome: | 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
Criminal Appeal 65 of 1994
SIMON KIMELI SAWE……………………………..............................………………..APPELLANT
AND
REPUBLIC………….........................…………………………………..……………RESPONDENT
(Appeal from a summary rejection of the High Court of Kenya at Eldoret (Mr. Justice Aganyanya) dated 21st July, 1993
IN
H.C.CR.A. NO. 58 OF 1993)
************************
JUDGMENT OF THE COURT
The appellant was convicted on his own plea of guilty of Defilement of a girl contrary to section 145(1) of the Penal Code and sentenced to 7 years imprisonment with 8 strokes of the cane. His appeal to the High Court of Kenya at Eldoret was summarily rejected under Section 352(2) of the Criminal Procedure Code. Against that summary rejection he had appealed to this court.
There is no merit in this appeal as no issue of law has been raised.
The summary rejection was perfectly proper having regard to the grounds of appeal before the High Court. We accordingly dismiss the appeal. That is the order of the Court.
Dated and delivered at Nakuru this 27th day of September, 1994.
R.O. KWACH
……………………..
JUDGE OF APPEAL
M.G. MULI
………………………
JUDGE OF APPEAL
P.K. TUNOI
……………………….
JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR
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