P.M.M v Republic [2010] KECA 220 (KLR)
The bottom line
#Kenya's Court of Appeal confirmed that second appeals only examine points of law, so the father's 20-year incest conviction stands.
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 appeal disclosed any point of law warranting interference by a second appellate court
- 2.Whether the conviction for incest was safe and supported by the evidence
Key legal issues
#Scope of a second appeal under the Court of Appeal's jurisdiction
A second appeal is confined to points of law; the Court of Appeal will not disturb concurrent findings of fact by the trial court and the first appellate court unless those findings were based on no evidence.
The appellant, unrepresented, raised grounds that merely reiterated factual denials already rejected by both courts below. The court reiterated the settled limitation on second appeals, citing Kaingo v Republic, and held that the concurrent factual findings of guilt, supported by corroborated testimony of the complainant, her sister, teachers and a medical report, could not be revisited on a second appeal.
Safety of the conviction for incest under section 20(1) of the Sexual Offences Act
The conviction was safe: the complainant's testimony was adequately corroborated by her sister, teachers and the medical report, and it mattered not that she also had sexual relations with another man.
The complainant's evidence described repeated sexual assaults by her father from age 13, corroborated by her younger sister who witnessed an incident on 14th November 2006, by a Children's Officer, by teachers, and by a P3 form confirming pregnancy. The alleged relationship with a local boy did not undermine the complainant's credibility or the fact of incest by the appellant.
Legal principles established
#- A second appeal to the Court of Appeal must be confined to points of law and the Court will not interfere with concurrent findings of fact of the two courts below unless those findings are based on no evidence.
Court orders
#- 1.The appeal is dismissed
- 2.The conviction and the sentence of twenty (20) years imprisonment imposed by the High Court stand
The bench
#One judgment of the whole court — no separate or dissenting opinions.
- On appeal from
- High Court of Kenya at Nyeri
- H.C.CR. APPEAL No. 242 OF 2007
- Jurisdiction invoked
- Second appellate jurisdiction over an appeal from the High Court on a criminal appeal (Article 164(1)(c) Court of Appeal jurisdiction; appeal from High Court exercising first appellate jurisdiction)
Relief refused
#The appellant's appeal against conviction and sentence
The court found the conviction was soundly based on corroborated evidence and the second appeal raised no point of law
Costs
No costs order is recorded 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.
a second appeal (like the present one) must be confined to points of law and this Court would not interfere with concurrent findings of fact of the two courts below unless they are shown to have been based on no evidence.
Incest is sexual intercourse between persons who are within the prohibited degrees of affinity, or consanguinity.
In the result, this appeal is rejected and is hereby ordered dismissed.
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "P.M.M v Republic [2010] KECA 220 (KLR)", Case Analysis (2010). Criminal Appeal 299 of 2008. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2010/220/eng@2010-06-25
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.