PETER OLOO JEREMIAH V. REPUBLIC

JUDGMENT OF THE COURT

PETER OLOO JEREMIAH, the appellant, was convicted by the Resident Magistrate, Bondo, on one count of preparation to commit a felony contrary to section 308(2) of the Penal Code and on one count of consorting with a person in possession of a firearm contrary to section 89(2) of the Penal Code. On the first count, he was sentenced to serve seven (7) years imprisonment and on the second count he was ordered to serve three(3) years imprisonment. The prison terms were ordered to be served concurrently.

Following his conviction and sentence, the appellant preferred an appeal to the High Court of Kenya at Kisumu. However, on 16^th November, 2006, Warsame J. dismissed the appeal summarily under section 352(2) of the Criminal Procedure Code.

The principal complaint before us is, basically, that the learned Judge was wrong in summarily dismissing his first appeal without according it a hearing.

The record shows that the appellant had preferred before the superior court five gro…