ENOCK MOTARI KIBOMA vs REPUBLIC [2000] KECA 85 (KLR)

REPUBLIC OF KENYA

IN THE COURT OF APPEAL AT MOMBASA (CORAM: OMOLO, LAKHA & KEIWUA, JJ.A.) CRIMINAL APPEAL NO. 102 OF 1999 BETWEEN

ENOCK MOTARI KIBOMA ................................ APPELLANT

AND

REPUBLIC ...........................................RESPONDENT

(Appeal from a Judgment of the High Court of Kenya at Mombasa (Justice Hayanga) dated 23rd October, 1998 in H.C.CR.A. NO. 468 OF 1996 *************

JUDGMENT OF THE COURT

We have carefully considered the appellant's grounds of appeal as set out in the Memorandum. All of them relate to sentence and they are therefore an appeal against sentence only. There is no appeal against conviction. This being a second appeal we have no jurisdiction to entertain an appeal against sentence.

This appeal is, therefore, dismissed.

Dated and delivered at Mombasa this 25th day of January, 2000.

R. S. C. OMOLO .................

JUDGE OF APPEAL

A. A. LAKHA .................

JUDGE OF APPEAL

M. KEIWUA .................

JUDGE OF APPEAL

I certify that this is a true copy of the original.

DEPUTY REGISTRAR.