Pascal Kiplimo Kiplagat & another v Republic [2018] KECA 134 (KLR)
The bottom line
#Kenya's Court of Appeal confirmed it cannot reduce a lawful prison sentence just because it feels too harsh—only illegal sentences can be challenged on second appeal.
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 has jurisdiction under Section 361(1)(a) of the Criminal Procedure Code to interfere with a sentence of 20 years imprisonment for manslaughter on a second appeal, given that severity of sentence is a matter of fact
- 2.Whether the sentence of 20 years imprisonment for manslaughter was harsh and manifestly excessive
Key legal issues
#Jurisdiction of the Court of Appeal on second appeal against severity of sentence
The Court has no jurisdiction under Section 361(1)(a) of the Criminal Procedure Code to interfere with a lawful sentence where the appeal concerns only the severity of the sentence, since severity of sentence is a matter of fact.
Section 361(1) confines second appeals to matters of law and expressly provides that the Court of Appeal shall not hear an appeal on a matter of fact, including severity of sentence, or against sentence except where the High Court has enhanced it. The appellants' grievance went purely to severity, the sentence being lawful and within the maximum of life imprisonment for manslaughter under Section 205 of the Penal Code. The appeal therefore failed for want of jurisdiction.
Legal principles established
#- On a second appeal to the Court of Appeal, the mandate is limited to matters of law only, and severity of sentence is a matter of fact so an appeal against severity of sentence is not maintainable
- The Court of Appeal has no jurisdiction to interfere with a lawful sentence of the courts below where the complaint is only as to severity
Court orders
#- 1.The appeal against sentence is dismissed
The bench
#One judgment of the whole court — no separate or dissenting opinions.
- On appeal from
- High Court of Kenya at Eldoret
- H.C.CR.A. No. 50 of 2009
- Jurisdiction invoked
- Section 361(1) of the Criminal Procedure Code (second appeal on matters of law only)
Relief refused
#Reduction of the 20-year imprisonment sentence for manslaughter on grounds that it was harsh and manifestly excessive
The Court lacked jurisdiction under Section 361(1)(a) of the Criminal Procedure Code because severity of sentence is a matter of fact, not law, on a second appeal
Costs
No order as to costs 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.
Accordingly, this appeal is devoid of merit and is dismissed.
Pursuant to Section 361 (1)(a), of the Criminal Procedure Code, we find that we have no jurisdiction to interfere with the lawful sentence of the courts below.
Second appeals to this Court are on a point of law only and the severity of sentence is expressly a matter of fact (see Section 361 (1) (a) of the Criminal Procedure Code. It is clear that an appeal against the severity of the sentence as opposed to the legality of the sentence is not maintainable.
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Pascal Kiplimo Kiplagat & another v Republic [2018] KECA 134 (KLR)", Case Analysis (2018). Criminal Appeal No. 86 of 2016. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2018/134/eng@2018-11-08
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.