Case Metadata |
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| Case Number: | Criminal Appeal 162 of 2003 |
|---|---|
| Parties: | Peter Ndungu Kihiko v Republic |
| Date Delivered: | 21 Sep 2004 |
| Case Class: | Criminal |
| Court: | Court of Appeal at Nakuru |
| Case Action: | |
| Judge(s): | Riaga Samuel Cornelius Omolo, Emmanuel Okello O'Kubasu, Erastus Mwaniki Githinji |
| Citation: | kihiko v Republic [2004] eKLR |
| Case Summary: | Crime - robbery - Penal Code (Cap 63) section 296(1) - procedure for hearing criminal appeals - Criminal Procedure Code (Cap 75) section 359(1) - appeals to be heard by two judges unless there is written authority from the Chief Justice directing that the appeal be heard by one judge - error for a single judge to hear such appeal without such authority - appeal to be reheard by a bench of two judges. |
| 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
AT NAKURU
CORAM: OMOLO, O’KUBASU & GITHINJI, JJ.A.
CRIMINAL APPEAL NO. 162 OF 2003
BETWEEN
PETER NDUNGU KIHIKO …..………...….…………………………. APPELLANT
AND
REPUBLIC …..…….………………………………………………….. RESPONDENT
(Appeal from the judgment of the High Court of Kenya at Nakuru (Apondi
J) dated 4th July, 2003
in
H.C.CR.A. NO. 251 OF 2000)
************
JUDGMENT OF THE COURT
The appellant herein was convicted of robbery contrary to section 296 (1) of the Penal Code but when the appeal came up for hearing before Muga Apondi, J. he revised the conviction to robbery with violence contrary to section 296 (2) of the Penal Code. The learned counsel for the appellant has drawn our attention to the provisions of section 359 (1) of the Criminal Procedure Code which refers to appeals by two judges.
Since the practice by the High Court is that appeals be heard by two judges unless there is a written authority by the Chief Justice directing that the appeal be heard by one judge we are satisfied that there was an error on the part of Muga Apondi, J. in proceeding with the hearing of the appeal while sitting as a single judge. For these reasons we allow the appeal and set aside the conviction and sentence of death imposed on the appellant. We further direct that the appeal be re-heard by a bench of two judges. Meanwhile the appellant shall continue to serve the sentence imposed by the trial magistrate.
Dated and delivered at Nakuru this 21st day of September, 2004.
R. S. C. OMOLO
---------------------------
JUDGE OF APPEAL
E. O. O’KUBASU
----------------------------
JUDGE OF APPEAL
E. M. GITHINJI
-----------------------------
JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR
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