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Court of AppealDismissedCriminal Appeal 79 of 1995· [1996] KECA 37 (KLR)

Francis Adamba Damba v Republic

Court of Appeal of Kenya
18 March 1996
RKR. O. KwachAAA. M. AkiwumiALA. A. Lakha
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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 points of law, dismissing this conviction appeal outright.

What this practically means

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Executive summary

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This was a second appeal by Francis Adamba Damba against his conviction. His first appeal to the High Court at Kisii (V. V. Patel, J), in H.C. Cr. Appeal No. 89 of 1988, had been dismissed by judgment dated 20th May 1995. On the second appeal to the Court of Appeal at Kisumu, the Court reiterated that under section 361(c) of the Criminal Procedure Code a second appeal lies only on points of law. The Court considered the grounds set out in the appellant's petition and the submissions of Mr. Onsongo for the appellant. Although Mr. Karanja for the Republic properly conceded that a point of law was raised by the appeal, the Court was not satisfied that the appeal raised any point of law. It therefore dismissed the appeal in a brief judgment of the whole court delivered on 18th March 1996, coram Kwach, Akiwumi and Lakha, JJA. The judgment contains no separate opinions, no costs order, and no citation of case law; its significance lies in its restatement of the narrow jurisdiction of the Court of Appeal on second appeals in criminal matters.

Key legal issues

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01

Whether the second appeal raised a point of law

Holding

The appeal raised no point of law and was accordingly dismissed

Reasoning

The Court, sitting as a second appellate court, noted that its jurisdiction under section 361(c) of the Criminal Procedure Code is confined to points of law. Having considered the grounds in the petition of appeal and counsel's submissions, it found no point of law disclosed. Notably, counsel for the Republic conceded that a point of law was raised, but the Court was nonetheless not satisfied that any point of law arose, and dismissed the appeal.

p. 2

Legal principles established

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  • A second appeal to the Court of Appeal lies only on points of law under section 361 of the Criminal Procedure Code, and an appeal raising no point of law must be dismissed

Court orders

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  1. 1.The appeal is dismissed
On appeal from
High Court of Kenya at Kisii
H.C. Cr. Appeal No. 89 of 1988
Jurisdiction invoked
Section 361(c) Criminal Procedure Code - second appeal lies only on points of law

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, "Francis Adamba Damba v Republic", Case Analysis (1996). Criminal Appeal 79 of 1995. Source:

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