Customer Support

CHARLES ANDIKA ZACHARIA
V.
REPUBLIC

(1997) JELR 104435 (CA)

Court of Appeal 22 Sep 1997 Kenya
BriefBot icon

BriefBot Summary

Free

Get an AI-generated summary of this case.

Case Details

Suit Number:Criminal Appeal 44 of 94
Judges:Amrittal Bhagwanji Shah JA, Abdulrasul Ahmed Lakha JA, Abdul Majid Cockar JA
Location:Nakuru
Other Citations:Charles Andika Zacharia v. Republic [1997]eKLR

JUDGMENT OF THE COURT

This is a second appeal against sentence. Appellant was charged on 3 counts in respect of robberies which were committed on three different dates in the same month that is, 9th, 19th and 25th - 26th January, 1993. He pleaded guilty on 17.2.93 to the last two counts and was sentenced to 6 years imprisonment with 2 strokes on each count. Prison sentences were ordered to run concurrently. On 4.3.93 his trial on the 3rd count was to commence before a different magistrate.

Before the trial commenced he pleaded guilty to the 3rd count and was sentenced to 6 years imprisonment with 2 strokes. No second appeal lies to the Court of Appeal against sentence - S. 361 (1) (a), unless the sentence has been enhanced by the High Court. However, if the sentence that was imposed is unlawful or based on wrong principles the Court of Appeal will interfere.

In this case the second magistrate was aware of the fact that the appellant had already been sentenced to six years imprisonment wi…

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.