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Samuel Karoki Muthee v. Republic

(2016) JELR 93297 (CA)

Court of Appeal  •  Criminal Appeal 135 of 2007  •  2 Dec 2016  •  Kenya

Coram
Martha Karambu Koome, Paul Kihara Kariuki, Festus Azangalala

Judgement

JUDGMENT OF THE COURT

1. Following the dismissal of his first appeal to the High Court against conviction and sentences on two counts of robbery with violence, contrary to section 296 (2) of the Penal Code and one count of having suspected stolen property, contrary to section 323 of the Penal Code, Samuel Karoki Muthee (the appellant), lodged the present appeal.

2. This being a second appeal, the provisions of section 361 (1) of the Criminal Procedure Code apply. That section, in pertinent part reads:

"361 (1) A party to an appeal from a subordinate court may subject to sub-section (8) appeal against a decision of the High Court in its appellate jurisdiction on a matter of law...". In Dzombo Mataza -v- R [2014] eKLR, this Court expressed itself thus:

"As already stated, this is but a second appeal. Under the law we are only concerned with matters of law and not fact. Put differently, in a second appeal such as this one, matters of fact are for the trial court and the first appellate court…

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