judy.legal
Login Register

ACHIENG V. REPUBLIC

(1981) JELR 105658 (CA)

Court of Appeal  •  Criminal Appeal 19 of 1981  •  22 Jun 1981  •  Kenya

Coram
Eric John Ewen Law JA Cecil Henry Ethelwood Miller JA Kenneth D Potter JA

Judgement

JUDGMENT

The appellant was convicted of robbery, contrary to Section 296(1) of the Penal Code, by a Resident Magistrate at Kisumu, and sentenced to 31/2 years imprisonment and four strokes of corporal punishment. He appealed to the High Court at Kisumu, where his appeal was summarily rejected. Mr Owino, for the appellant, made it his first ground of appeal, on a second appeal to this Court, that the first appeal should not have been summarily rejected, as it raised several points of law, such a misdirection as to the onus of proof by the learned magistrate, and a complaint that the evidence of witnesses described as accomplices had been relied on without corroboration. As we have pointed out in earlier appeals at this session, it is physically impossible for a single judge at Kisumu to hear the large and ever increasing number of criminal appeals filed in the local Registry, and it is not surprising that an occasional appeal is summarily rejected which does not fall precisely within th…

There's more. Sign in to continue reading

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.


Get started   Login