EUNICE ANYANGO MATINI v REPUBLIC [2004] KECA 22 (KLR)

Court of Appeal of Kenya

23 November 2004

ROR.S.C Omolo EOE.O. O'Kubasu JOJ.W. Onyango Otieno

194 words in judgment

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The bottom line

Kenya's Court of Appeal ruled it cannot reduce a prison sentence on a second appeal — the law gives it no such power.

What this practically means

Executive summary

The appellant was convicted on her own plea of guilty on a charge of trafficking in cannabis sativa contrary to section 4(a) of the Narcotic Drugs and Psychotropic Substances Control Act and sentenced to five years imprisonment. Her first appeal to the High Court at Kisii (Wambilyangah, J) was summarily dismissed on 7th July 2003. She then lodged a second appeal to the Court of Appeal at Kisumu, being an appeal against sentence only. The Court, in a short judgment delivered by the full bench (Omolo, O'Kubasu and Onyango Otieno, JJ.A), held that as the appeal was against sentence only, it was not in a position to interfere in view of the provisions of section 361 of the Criminal Procedure Code. The appeal was accordingly dismissed. No cases were cited, no separate opinions were written, and the bench was unanimous. The judgment is a straightforward application of the statutory bar in section 361 to second appeals confined to sentence, and it confirms that the Court of Appeal has no power to disturb a sentence in such an appeal.

Key legal issues

Whether the Court of Appeal may interfere with a sentence in a second appeal against sentence only

Holding

The Court cannot interfere; section 361 of the Criminal Procedure Code bars interference in a second appeal against sentence.

Reasoning

The appellant was convicted on her own plea of guilty of trafficking in cannabis sativa under section 4(a) of the Narcotic Drugs and Psychotropic Substances Control Act and sentenced to five years imprisonment. Her first appeal to the High Court was summarily dismissed. On second appeal, only the sentence was in issue, and section 361 of the Criminal Procedure Code deprived the Court of power to interfere with a sentence on a second appeal. The appeal therefore failed.

p. 1

Legal principles established

In a second appeal against sentence only, the Court of Appeal cannot interfere with the sentence imposed, by virtue of section 361 of the Criminal Procedure Code.

Court orders

1.The appeal is dismissed

Authorities

Legislation

Narcotic Drugs and Psychotropic Substances Control Actsection 4(a)
Criminal Procedure Codesection 361

On appeal from: High Court of Kenya at Kisii; H.C. Cr. Appeal No. 194 of 2003
Jurisdiction invoked: Second appeal against sentence under section 361 of the Criminal Procedure Code

Key timeline

Practical implications

Frequently asked questions

Cite this brief

Caselaw, "EUNICE ANYANGO MATINI v REPUBLIC [2004] KECA 22 (KLR)", Case Analysis (2004). Criminal Appeal 214 of 2003. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2004/22/eng@2004-11-23

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