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Rotich v. Republic

(1983) JELR 93925 (CA)

Court of Appeal  •  Criminal Appeals 126 of 1983  •  6 Dec 1983  •  Kenya

Coram
Zakayo Richard Chesoni, Harold Grant Platt, Alan Robin Winston Hancox

Judgement

IN THE COURT OF APPEAL

AT KISUMU

(CORAM:HANCOX JA, CHESONI and PLATT AG JJA)

CRIMINAL APPEAL NO 126 OF 1983

ROTICH ...................................APPELLANT

VERSUS

REPUBLIC..............................RESPONDENT

JUDGMENT

This is a second appeal from the decision of the High Court at Kisumu, which dismissed an appeal from a sentence passed upon a conviction for stock theft by the senior resident magistrate at Kisii, save that for some reason the sentence of corporal punishment passed upon the appellant was reduced from five strokes to one stroke. Under section 361(1) of the Criminal Procedure Code, an appeal lies only to this court on a matter of law, and severity of the sentence is expressly stated thereunder to be not a matter of law, but of fact, so we have no jurisdiction to enter into the question of the sentence in this appeal. The appellant in our view validly pleaded guilty to the offence of stealing stock contrary to section 278 (not 278A) of the Penal Code and received the statut…

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