Henry Nderitu v Republic [1984] KECA 108 (KLR)
The bottom line
#Kenya's Court of Appeal confirmed you cannot appeal twice over a sentence given after a guilty plea.
What this practically means
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether there is a right of second appeal against a sentence imposed on a plea of guilty
- 2.Whether the sentence of 6 years' imprisonment was manifestly excessive
Key legal issues
#Right of second appeal against sentence
No second appeal lies from the sentence; the Court of Appeal lacks jurisdiction to interfere.
The appellant pleaded guilty and was sentenced under Section 221 of the Criminal Procedure Code. His first appeal to the High Court was summarily dismissed under Section 352(2). The Court held the sentence lawful and not excessive, and that in any event no second appeal lies from such a sentence. The lower court's dismissal was therefore affirmed.
Excessiveness of the 6-year sentence
The sentence was lawful and not excessive in the circumstances.
The only substantive ground was that the sentence of 6 years for stealing four chickens valued at Ksh 120 was manifestly excessive, with a claim that the appellant's health was in jeopardy. The Court found the sentence lawful, and stated that even on the merits it was not excessive in the circumstances, leaving no basis for interference.
Legal principles established
#- There is no second appeal against a sentence imposed on a plea of guilty where the first appeal was summarily dismissed under Section 352(2) of the Criminal Procedure Code.
Court orders
#- 1.The appeal is dismissed.
The bench
#One judgment of the whole court — no separate or dissenting opinions.
- On appeal from
- High Court of Kenya at Nakuru
- High Court Criminal Appeal No 284 of 1982
- Jurisdiction invoked
- Second appeal against sentence under the Criminal Procedure Code following summary dismissal of the first appeal under Section 352(2)
Relief refused
#Reduction of the 6-year sentence on the ground that it was manifestly excessive
The sentence was lawful and not excessive, and there is no second appeal from such a sentence
Costs
No order as to costs recorded in the judgment.
Quotable passages
#Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.
There is no second appeal from such a sentence. The appeal is dismissed. That is the Court’s order.
The learned Judge correctly rejected the petition under Section 352(2).
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Henry Nderitu v Republic [1984] KECA 108 (KLR)", Case Analysis (1984). Criminal Appeal 38 of 1984. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/1984/108/eng@1984-09-25
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.