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J O O v. Republic

(2013) JELR 98314 (CA)

Court of Appeal  •  Criminal Appeal 92 of 2012  •  12 Jul 2013  •  Kenya

Coram
John walter Onyango Otieno, Festus Azangalala, Sankale ole Kantai

Judgement

JUDGEMENT OF THE COURT

The appellant J O O alias D O O was charged, tried and convicted by the learned Resident Magistrate ( S. O. Temu) and was sentenced to life imprisonment. His first appeal to the High Court (H. K. Chemitei, J) was dismissed in a judgement delivered on 5th March, 2012. The appellant was not satisfied and filed this appeal. This therefore is a second appeal and we can only consider matters of law because Section 361 (1) (a) Criminal Procedure Code limits our jurisdiction to entertain only legal issues. This position has been stated and restated in the many judgements that have come from this court like M'Iriungu v. Republic [1983] KLR 455 where the following passage appears:

“Where a right of appeal is confined to questions of law an appellate court has loyalty to accept findings of fact of the lower courts and resist the temptation to treat findings of fact as holdings of law or mixed findings of fact and law and it should not interfere with the decision of the tria…

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