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(1997) JELR 94144 (CA)

Court of Appeal  •  Criminal Appeal 91 of 1995  •  15 Jan 1997  •  Kenya

Riaga Samuel Cornelius Omolo, Amrittal Bhagwanji Shah, Samuel Elikana Ondari Bosire



Mr. Bwonwonga, the Assistant Deputy Public Prosecutor, who appears for the state concedes this appeal. In our view he is right to do so. The appellant filed first appeal in the High Court. When the appeal went before Patel, J. he purported to make an order on revision. In the "Order on Revision" the Judge purported to summarily reject the appeal. An appeal can only be summarily rejected under section 352(2) of the Criminal Procedure Code. That provision only applies when a judge of the High Court is satisfied, upon perusal of the record of the subordinate court, that neither the conviction nor the sentence imposed raises reasonable issue which can be argued on appeal. The grounds of appeal by the appellant raised the question of identification; that is always a question of law and takes away the power of the High Court to summarily reject an appeal.

Secondly the learned Judge of the High Court purported to reduced the sentence imposed when he (judge) purported to s…

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