Francis Nyachieo Marube v Republic [2002] KECA 36 (KLR)

REPULIC OF KENYA

IN THE COURT OF APPEAL AT KISUMU(CORAM: KWACH, TUNOI & BOSIRE JJ.A)

CRIMINAL APPEAL NO.53 OF 1999

BETWEEN

FRANCIS NYACHIEO MARUBE ..............................APPELLANT

AND

REPUBLIC ........................................................RESPONDENT(Appeal from a judgment of the High Court of Kenya at Kisii (Waweru, J.) dated 28th May, 1999in H.C.CR.C. NO.219 OF 1998) *************

ORDER OF THE COURT

The appellant's first appeal to the superior court was against severity of sentence. That appeal was dismissed. His present appeal being an appeal against severity of sentence does not lie in view of the clear provisions of Section 361 of the Criminal Procedure Code. That being the case, this appeal is incompetent and is accordingly struck out.

Made at Kisumu this 11th day of June, 2002.

R.O. KWACH..................

JUDGE OF APPEAL

P.K. TUNOI

.................

JUDGE OF APPEAL

S.E.O. BOSIRE

...................

JUDGE OF APPEAL

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

OKWDEPUTY REGISTRAR