STEPHEN CHEBII CHEBOIWO V. REPUBLIC

JUDGMENT OF THE COURT

1.The appellant was convicted of a felony of causing grievous harm contrary to section 234 of the Penal Code. He was sentenced to 15 years’ imprisonment. His first appeal to the High Court against both conviction and sentence was rejected.

2. The appellant, who was unrepresented, preferred a second appeal to this Court. The appeal is however against sentence only. The appellant contended that it was very severe. He urged the Court to exercise leniency and reduce the sentence by 3 years so that he could be set free, having been in prison custody since 8^th August, 2011.

3. Mr. Mulati, Senior Principal Prosecution Counsel, opposed the appeal, submitting that the court had no jurisdiction to entertain the appeal as it was purely against a lawful sentence.

4. We agree with Mr. Mulati. Section 361 (1) (a) of the Criminal Procedure Code states as follows:

“A party to an appeal from a subordinate court may, subject to subsection (8), appeal against a decision of the High Cour…