GABRIEL KARIAMBURI MURAYA v REPUBLIC [1995] KECA 52 (KLR)
The bottom line
#Kenya's Court of Appeal confirmed that a second criminal appeal can only challenge points of law, not facts or sentence severity.
What this practically means
#Executive summary
#Key legal issues
#Scope of a second appeal under section 361(1) of the Criminal Procedure Code
A second appeal is confined to matters of law; the court cannot revisit findings of fact by the two courts below, nor the severity of a sentence, which is a matter of fact.
The court held that section 361(1) of the Criminal Procedure Code expressly bars a second appeal on matters of fact, and expressly treats the severity of a sentence as a matter of fact. Since both the trial magistrate and the first appellate judges had properly considered the evidence, including the alleged discrepancies, the Court of Appeal could not take a different view of the facts.
Alleged discrepancies and contradictions in prosecution evidence
The discrepancies relied upon did not undermine the credibility of the prosecution witnesses and did not open a factual inquiry for the second appellate court.
Counsel relied on what he termed major discrepancies and contradictions in the prosecution evidence. The court noted that the first appellate judges had properly considered the discrepancies and concluded the whole of the evidence supported the two duty watchmen, leaving their credit unaffected. The court found no discrepancy justifying an inquiry into the facts, as the facts justified the conviction.
Legal principles established
#- On a second appeal under section 361(1) of the Criminal Procedure Code, the Court of Appeal cannot entertain matters of fact, including severity of sentence, which are matters of fact.
Court orders
#- 1.The appeal is dismissed
- On appeal from
- High Court of Kenya at Nairobi
- H.C.CR. A. No. 170 of 1988
- Jurisdiction invoked
- Section 361(1) of the Criminal Procedure Code
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "GABRIEL KARIAMBURI MURAYA v REPUBLIC [1995] KECA 52 (KLR)", Case Analysis (1995). Criminal Appeal 28 of 1994. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/1995/52/eng@1995-03-31
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.