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…Notwithstanding the provisions 4 of the said Code, I am of the view that a court which has no power to impose a minim sentence required by the penal provisions cannot have jurisdiction to try and determine the offence under…

…The conviction by Court without jurisdiction is a nullity and so is sentence. Both are quashed. The appellant be taken forthwith before a court of competent jurisdiction for a fresh trial.…

…It has been said many times by this Court that we have no inherent jurisdiction, and that we can only hear an appeal if the right thereof is conferred by statute.…

…As section 361 is specifically stated not to apply to a decision such as the one appealed from in this case, it follows that we have no jurisdiction to entertain these appeals.…

…The issue of identification raised by the appellant took away his appeal from the provisions of section 352(2) and the learned Judge had no jurisdiction to summarily dismiss the appeal under that section.…

…The issue of identification raised by the appellant took away his appeal from the provisions of section 352(2) and the learned Judge had no jurisdiction to summarily dismiss the appeal under that section.…

…On sentence, we notice the learned judge reduced the period of police supervision to one of two years. the judge had no jurisdiction to do so as the law mandatorily sets down the period of police supervision at five years…

…No.23 of 1991 (unreported), in altering the finding in an appeal against conviction and substituting therefor a conviction for an offence other than that charged, the High Court in its appellate jurisdiction can only act…

…It would appear to us therefore that the first appellate court in the appeal before us had no jurisdiction to substitute the appellants' conviction in the first and second counts referred to earlier in this judgment from…

…This being a second appeal, the jurisdiction of this Court is limited to consideration of matters of law only. We are in this regard guided by M’Riungu v Republic (1983)KLR 455.…

…Section 361 of the Criminal Procedure Code also provides that:- “361. (1) A party to an appeal from a subordinate court may, subject to subsection (8), appeal against a decision of the High Court in its appellate jurisdiction…

…No.23 of 1991 (unreported), in altering the finding in an appeal against conviction and substituting therefor a conviction for an offence other than that charged, the High Court in its appellate jurisdiction can only act…

…It would appear to us therefore that the first appellate court in the appeal before us had no jurisdiction to substitute the appellants' conviction in the first and second counts referred to earlier in this judgment from…

…assume in this case that he did, but in future it must be carefully borne in mind by judges that without a valid direction or authority of the kind we have indicated the hearing of an appeal by one judge may well be without jurisdiction…

…The reduction of the amount of which the appellant is convicted would not, however, move us to reduce the sentence even if we had jurisdiction do to so.…

…assume in this case that he did, but in future it must be carefully borne in mind by judges that without a valid direction or authority of the kind we have indicated the hearing of an appeal by one judge may well be without jurisdiction…

…The reduction of the amount of which the appellant is convicted would not, however, move us to reduce the sentence even if we had jurisdiction do to so.…

…Section 382 of the Criminal Procedure Code states: “Subject to the provisions herein before contained, no finding, sentence or order passed by a court of competent jurisdiction shall be reversed on appeal or revision on account…

…reminder to magistrates that it is the primary duty of a magistrate to satisfy himself that the section of the Penal Code, and I should add to that any other law, under which an accused is charged is correct before assuming jurisdiction…

…It may be, as the judge said, that the order was the logical result of the magistrate’s findings but this in our view did not give him jurisdiction to make the order.…