Customer Support

CHANGAWA KATANA KATENGA
V.
REPUBLIC

(2001) JELR 103460 (CA)

Court of Appeal 18 Jan 2001 Kenya
BriefBot icon

BriefBot Summary

Free

Get an AI-generated summary of this case.

Case Details

Suit Number:crim app 64 of 00
Judges:Amrittal Bhagwanji Shah, Richard Otieno Kwach, Moijo Matayia Ole Keiwua
Location:Malindi
Other Citations:CHANGAWA KATANA KATENGA v. REPUBLIC[2001] eKLR

JUDGMENT OF THE COURT


The appellant was convicted on his own plea of guilty for the rape of a 70-year old woman and sentenced to 15 years imprisonment. His appeal to the High Court was summarily rejected under section 352 of the Criminal Procedure Code. Although the learned Judge had a discretion in the matter, in denying the appellant an opportunity to appeal against sentence, which on the face of it appears harsh, we think he did not exercise his discretion judicially. It was a wrong exercise of judicial discretion.

We allow this appeal and in the exercise of our power under section 3(2) of the Appellate Jurisdiction Act (Cap 9) allow appeal against sentence which we reduce to 5 years from the date of conviction.

Dated and delivered at Mombasa this 18th day of January, 2001.

R. O. KWACH

JUDGE OF APPEAL

A. B. SHAH

JUDGE OF APPEAL

M. KEIWUA

JUDGE OF APPEAL

I certify that this is a true copy of the original.

DEPUTY REGISTRAR

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 77,000 cases, recent judgments, statutes, and rules of court.