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CHARLES ANDIKA ZACHARIA V. REPUBLIC

(1997) JELR 104436 (CA)

Court of Appeal  •  Criminal Appeal 44 of 1994  •  22 Sep 1997  •  Kenya

Coram
Amrittal Bhagwanji Shah JA, Abdulrasul Ahmed Lakha JA, Abdul Majid Cockar JA

Judgement
<p class="ql-align-center">JUDGMENT OF THE COURT</p><p class="ql-align-justify">This is a second appeal against sentence. Appellant was charged on 3 counts in respect of robberies which were committed on three different dates in the same month that is, 9<sup>th</sup>, 19<sup>th</sup> and 25<sup>th</sup> - 26<sup>th</sup> January, 1993. He pleaded guilty on 17.2.93 to the last two counts and was sentenced were ordered to run concurrently. On 4.3.93 his trial on the 3<sup>rd</sup> count was to commence before a different magistrate. Before the trial commenced he pleaded guilty to the 3<sup>rd</sup> count and was sentenced to 6 years imprisonment with 2 strokes. No second appeal lies to the Court of Appeal against sentence - S.361 (1) (a), unless the sentence has been enhanced by the High Court. However, if the sentence that was imposed is unlawful or based on wrong principles the Court of Appeal will interfere.</p><p class="ql-align-justify">In this case the second magistrate was aware of the fact that the appellant had already been sentenced to six years imprisonment with 2 strokes on two counts to run concurrently. He decided not to make …</p>

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