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David Lekanoi Lesepe v. Republic

(1996) JELR 104943 (CA)

Court of Appeal  •  Criminal Appeal 81 of 1994  •  25 Sep 1996  •  Kenya

Coram
Johnson Evan Gicheru, Philip Kiptoo Tunoi, Abdulrasul Ahmed Lakha

Judgement

JUDGMENT OF THE COURT

The appellant David Lekanoi Lesepe pleaded guilty to the alternative charge of Handling Stolen Property contrary to section 322(2) of the Penal Code. He was convicted and sentenced to 3 years imprisonment. His appeal to the High Court (Nambuye, J.) was summarily rejected under section 352(2) of the Criminal Procedure Code.

The issue of law raised in this appeal is whether or not the learned judge could summarily reject the petition of appeal under section 352(2) of the Criminal Procedure Code. The appellant having pleaded guilty unequivocally he could not be heard to deny the conviction. The other ground relates to severity of sentence upon which an appeal may be summarily rejected. We see no other circumstances which could raise any doubt about the correctness of the summary rejection.

This appeal is dismissed. We so order.

Dated and delivered at Nakuru this 25th September, 1996.

J. E. GICHERU

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JUDGE OF APPEAL

P. K. TUNOI

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