ENOCK MOTARI KIBOMA vs REPUBLIC [2000] KECA 85 (KLR)
The bottom line
#Kenya's Court of Appeal cannot change a sentence on a second appeal, so appeals raising only sentence grounds will be dismissed outright.
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 Court of Appeal, on a second appeal confined to grounds relating to sentence, has jurisdiction to interfere with the sentence imposed
Key legal issues
#Jurisdiction of the Court of Appeal over sentence in a second appeal
Where all grounds of appeal relate to sentence and there is no appeal against conviction, the Court of Appeal on a second appeal has no jurisdiction to entertain the appeal, which must be dismissed.
The court examined the memorandum of appeal and found every ground related to sentence, with no challenge to conviction. As a second appellate court, its jurisdiction does not extend to entertaining appeals against sentence. Having no jurisdiction over the only grounds raised, the court had no option but to dismiss the appeal outright without going into the merits of the sentencing complaint.
Legal principles established
#- On a second appeal to the Court of Appeal, the court has no jurisdiction to entertain an appeal against sentence; its jurisdiction is confined to matters of law arising from the decision below.
Court orders
#- 1.The appeal is dismissed
The bench
#One judgment of the whole court — no separate or dissenting opinions.
- On appeal from
- High Court of Kenya at Mombasa
- H.C.CR.A. No. 468 of 1996
- Jurisdiction invoked
- Second appeal to the Court of Appeal under the Criminal Procedure Code; the court held it has no jurisdiction to entertain an appeal against sentence in a second appeal
Relief refused
#The appellant's appeal against sentence
This being a second appeal, the Court has no jurisdiction to entertain an appeal against sentence
Costs
No costs order was 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.
This being a second appeal we have no jurisdiction to entertain an appeal against sentence.
This appeal is, therefore, dismissed.
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "ENOCK MOTARI KIBOMA vs REPUBLIC [2000] KECA 85 (KLR)", Case Analysis (2000). Criminal Appeal No. 102 of 1999. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2000/85/eng@2000-01-25
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.