[2003] KEHC 449 (KLR)
The court found that the appellant, having been released on bail pending appeal, failed to prosecute the appeal for an extended period. The record showed no steps taken by the appellant to advance the appeal since its admission to hearing. The court exercised its discretion to dismiss the appeal for want of...
Source-derived case information.
- Citation
- [2003] KEHC 449 (KLR)
- Parties
- Appellant: Annah Mwikali Kilo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- ? 151 of 1991
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal dismissed for want of prosecution
- Legal Topics
- Child Stealing, Appeal Dismissal, Failure to Prosecute
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Annah Mwikali Kilo
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the appeal should be dismissed for want of prosecution.
Ratio Decidendi
The court found that the appellant, having been released on bail pending appeal, failed to prosecute the appeal for an extended period. The record showed no steps taken by the appellant to advance the appeal since its admission to hearing. The court exercised its discretion to dismiss the appeal for want of prosecution, thereby upholding the conviction and sentence imposed by the trial court.
Court Disposition
appeal dismissed for want of prosecution
Orders
- The appeal is hereby dismissed.
Full Case Text
Judgment text and source record
2 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MOMBASA APPELLATE SIDE CRIMINAL APPEAL NO.151 OF 1991
(Being an appeal against conviction and sentence in the Original Criminal Case No.466 of 1991of the Resident Magistrate’s Court at Kwale –J.O. Magolo – RM) ANNAH MWIKALI KILO ………..………………………… APPELLANT VERSUS REPUBLIC …………………..………………………….. RESPONDENT J U D G M E N T Appellant was convicted of Child stealing contrary to Section 174(1)(a) of the Penal Code and sentenced to serve 15 months imprisonment. She was released on bail pending appeal on 26th March 1991 but she never prosecuted the appeal. The record also shows that this appeal was admitted to hearing on 18th January 1991 but has since not been prosecuted. The same is hereby dismissed. It is so ordered. Dated and delivered at Mombasa this 24th July 2003. A.G.A. ETYANG JUDGE