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Solomon Otieno Odondi v. Republic

(2004) JELR 95324 (CA)

Court of Appeal  •  Criminal Appeal 56 of 2003  •  22 Nov 2004  •  Kenya

Coram
Philip Kiptoo Tunoi, John walter Onyango Otieno, Erastus Mwaniki Githinji

Judgement

JUDGMENT OF THE COURT


SOLOMON OTIENO ODONDI, the appellant, was convicted of manslaughter and sentenced to 15 years imprisonment. His first appeal to the High Court of Kenya at Kisii was dismissed on 14th March, 2003. This is a second appeal.

The appellant’s only ground of appeal is that the sentence imposed upon him by the trial court was harsh and manifestly excessive and urges us to reduce it or place him on probation.

Under section 361 (1) (a) of the Criminal Procedure Code, no appeal lies to the Court of Appeal in a second appeal on a matter of severity of sentence; and consequently, this appeal fails and is accordingly dismissed.

Dated and delivered at Kisumu this 22nd day of November, 2004.

P.K. TUNOI

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JUDGE OF APPEAL

E.M. GITHINJI

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JUDGE OF APPEAL

J.W. ONYANGO OTIENO

...................................

AG. JUDGE OF APPEAL

I certify that this is a true copy of the original.

DEPUTY REGISTRAR

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