Jared Obara Kaumba v Republic [2004] KECA 129 (KLR)

REPUBLIC OF KENYA IN THE COURT OF APPEAL AT KISUMU CORAM: GICHERU, C.J. TUNOI & GITHINJI, JJ.A CRIMINAL APPEAL NO. 197 OF 2003

BETWEEN

JARED OBARA KAUMBA…………..……………………APPELLANT AND REPUBLIC………………….……………………………RESPONDENT

(Appeal from a conviction a nd sentence of the High Court of Kenya at Kisii (Wambilyangah, J) dated 11 th July, 2003

in H.C.CR.A. NO. 16 OF 2003) ******************

JUDGMENT OF THE COURT

The appellant was after trial convicted of manslaughter contrary toSection 202 as read with Section 205of the Penal Code and sentenced to 10 years imprisonmen t. His first appeal to the High Court of Kenya at Kisii was dismissed and hence this second appeal.

Before us the appellant has only raised issues of fact which this Court being the second appellate Court is not competent to deal with. As there are no issues of law canvassed before us, the appeal must be rejected. However, we have carefully perused the record and we are satisfied that the appellant was properly convicted and we uphold the conviction. In the circumstances, this appeal is hereby dismissed.

DATED and DELIVERED at KISUMU this 22 nd day of November,2004.

J.E. GICHERU …………………………….. CHIEF JUSTICE P.K. TUNOI …………………….. JUDGE OF APPEAL E.M. GITHINJI ……………………….

JUDGE OF APPEAL

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

DEPUTY REGISTRAR.