Okelo v Republic [1989] KECA 18 (KLR)
The bottom line
#Kenya's Court of Appeal dismissed a grievous harm conviction appeal because second appeals can only challenge legal errors, not facts.
What this practically means
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether the two grounds of appeal, which relate entirely to matters of fact, can be entertained by the Court of Appeal on a second appeal
Key legal issues
#Whether a second appeal lies on grounds of fact
The Court of Appeal declined to consider the grounds of appeal because they related entirely to matters of fact, which are outside its remit on a second appeal; the appeal was therefore dismissed.
This was a second appeal against concurrent findings of fact by the two lower courts convicting the appellant of grievous harm contrary to section 234 of the Penal Code. Consistent with the settled limits on second appeals, the court held that it could not revisit factual findings that had been made concurrently below, and as the petition raised no question of law, there was nothing for the court to determine. The conviction as affirmed by the first appellate court therefore stood.
Legal principles established
#- On a second appeal to the Court of Appeal, the court does not entertain grounds of appeal that relate entirely to matters of fact; it is confined to matters of law.
Court orders
#- 1.The appeal is dismissed
The bench
#One judgment of the whole court — no separate or dissenting opinions.
- On appeal from
- Two lower courts (convictions by the trial court as affirmed on first appeal)
- Jurisdiction invoked
- Second appeal to the Court of Appeal against conviction for grievous harm under section 234 of the Penal Code (specific constitutional/statutory basis for the appeal not stated in the judgment)
Relief refused
#The appellant's appeal against conviction for grievous harm
The grounds of appeal related entirely to matters of fact, which are not for the Court of Appeal to consider on a second appeal
Costs
No costs order made 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.
The two grounds of appeal that are contained in his petition of appeal relate entirely to matters of fact and are not for this court to consider in the circumstances of this case.
There is therefore no merit in this appeal and accordingly we order it to be dismissed.
Issues in the judgment
#The judgment does not state the names of the parties, the case number of the appeal, or the courts below; the record is a very short disposition with no formal case caption.
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Okelo v Republic [1989] KECA 18 (KLR)", Case Analysis (1989). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/1989/18/eng@1989-06-14
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.