GEORGE NGANGA NJENGA vs REPUBLIC [2001] KECA 165 (KLR)

REPUBLIC  OF KENYA IN THE COURT OF APPEAL AT MOMBASA (Coram: Akiwumi, Tunoi & Shah, JJ.A.) CRIMINAL APPEAL NO. 57 OF 2000 BETWEEN

GEORGE NGANGA NJENGA.....................................APPELLANT AND REPUBLIC.................................................RESPONDENT

(Appeal from a conviction and sentence of the High Court of Kenya at Mombasa (Commissioner Mrs. Khaminwa) dated 20th December, 1999 in H.C.CR.A. NO. 182 OF 1994) ********************** RULING OF THE COURT:

The present appeal is against sentence only. This Court is deprived by section 361 of the Criminal Procedure Code of any jurisdiction to entertain a second appeal against sentence. In the result the present appeal is struck out. It is so ordered.

Dated and delivered at Mombasa this 17th day of January, 2001.

A.M. AKIWUMI ............... JUDGE OF APPEAL

P.K. TUNOI .............. JUDGE OF APPEAL

A.B. SHAH ............... JUDGE OF APPEAL

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