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Court of AppealDismissedCriminal Appeal No. 80 of 1994· [1995] KECA 114 (KLR)

Simon Kamau Kiige v Republic [1995] KECA 114 (KLR)

Court of Appeal
21 February 1995
JGJ.M. GachuhiPhilip Kiptoo TunoiP.K. TunoiASA.B. Shah
443 words in judgment
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The bottom line

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Kenya's Court of Appeal confirmed it will only hear second criminal appeals on questions of law, dismissing a robbery conviction appeal that raised none.

What this practically means

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Executive summary

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The appellant, one of six persons convicted by the Resident Magistrate's Court at Kericho on robbery with violence contrary to section 296(1) of the Penal Code and on assault causing actual bodily harm, appealed to this Court against both conviction and sentence after the High Court (D.M. Rimita, J) dismissed his first appeal on 14th January 1994 in Criminal Appeal No. 129 of 1993. His delayed first appeal followed earlier proceedings in which a co-accused's appeal (Criminal Appeal No. 10 of 1992, Peter Ombuko Muchache v R) had already been dismissed by the Court of Appeal on 28th February 1992. The appellant's principal ground challenged the weight given to the evidence of PW2, whom he alleged was his wife. The Court of Appeal, in a short joint judgment, held that this ground had been extensively dealt with and rejected in the earlier co-accused's appeal, and that the present appeal raised no point of law for the second appellate court's consideration. Finding no merit, the court affirmed the decisions below and dismissed the appeal on both conviction and sentence. The judgment illustrates the settled principle that a second appeal lies only on matters of law and that issues conclusively determined in a co-accused's appeal arising from the same trial will not be revisited. No costs order was made.

Key legal issues

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01

Whether the challenge to the evidence of PW2, alleged to be the appellant's wife, warranted appellate intervention

Holding

The identical ground was extensively dealt with and rejected by the Court in the co-accused's prior appeal, and the same fate befalls this appeal.

Reasoning

The appellant challenged the weight given to the evidence of PW2, whom he alleged was his wife. The court noted that this exact ground had already been considered and rejected in Criminal Appeal No. 10 of 1992 (Peter Ombuko Muchache v R), involving the same facts and co-accused. As a second appellate court bound to points of law, the court found no new point of law and applied its prior decision, dismissing the appeal against both conviction and sentence.

p. 1

Legal principles established

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  • A second appeal to the Court of Appeal lies only on matters of law; an appeal raising no point of law must fail.

Court orders

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  1. 1.The appeal against both conviction and sentence is dismissed
On appeal from
High Court
H.C.CR.C. No. 129 of 1993
Jurisdiction invoked
Second appellate jurisdiction under the Criminal Procedure Code over an appeal from the High Court exercising first appellate jurisdiction

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Simon Kamau Kiige v Republic [1995] KECA 114 (KLR)", Case Analysis (1995). Criminal Appeal No. 80 of 1994. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/1995/114/eng@1995-02-21

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.