[2013] KECA 24 (KLR)
The Court determined that, given the nature of the criminal appeal and the absence of the appellant's assigned counsel (despite proper service of the hearing notice), it would be inappropriate and prejudicial to require the appellant to proceed in person. The interests of justice and fair trial require that the...
Source-derived case information.
- Citation
- [2013] KECA 24 (KLR)
- Parties
- Appellant: Bahati Ali Chengo; Respondent: Republic
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 295 of 2010
- Procedural Posture
- Criminal Appeal / Adjournment Pending Appearance of Appellant's Counsel
- Outcome
- Appeal adjourned to a date to be fixed in the registry on a priority basis.
- Judges
- AM Githinji, F Sichale
- Legal Topics
- Right to Counsel, Appeal Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Bahati Ali Chengo
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Adjournment Pending Appearance of Appellant's Counsel
Legal Issues
- 1 Whether the appellant can proceed in person in a criminal appeal where counsel is absent.
- 2 Whether adjournment is warranted due to absence of assigned counsel despite service of hearing notice.
Ratio Decidendi
The Court determined that, given the nature of the criminal appeal and the absence of the appellant's assigned counsel (despite proper service of the hearing notice), it would be inappropriate and prejudicial to require the appellant to proceed in person. The interests of justice and fair trial require that the appellant be represented by counsel. Therefore, the appeal was adjourned to a date to be fixed on a priority basis to ensure the appellant's right to legal representation is protected.
Court Disposition
Appeal adjourned to a date to be fixed in the registry on a priority basis.
Orders
- The appeal is adjourned to a date to be fixed in the registry on priority basis.
Full Case Text
Judgment text and source record
26 paragraphs
IN THE COURT OF APPEAL
AT MOMBASA
(CORAM: GITHINJI, MAKHANDIA & SICHALE, JJ.A.)
CRIMINAL APPEAL NO. 295 OF 2010
BETWEEN
BAHATI ALI CHENGO.................................................APPELLANT
AND
REPUBLIC …...........................................................RESPONDENT
(Appeal against conviction and sentence of the High Court of Kenya at Malindi (Omondi, J.) dated 28th July, 2010
in
H.C.Cr.C. No. 8 of 2009)
******************
ORDER OF THE COURT
From the nature of the case, the appellant cannot act in person despite his plea. We shall accordingly adjourn this appeal to a date to be fixed in the registry on priority basis. The adjournment has been necessitated by the fact that Mr. Obara, learned counsel assigned to prosecute this appeal on behalf of the appellant is absent for reasons that we cannot fathom though served with the hearing notice in good time.
Dated at Malindi this 16th day of April, 2013
E. M. GITHINJI
…..........................
JUDGE OF APPEAL
ASIKE-MAKHANDIA
…..........................
JUDGE OF APPEAL
F. SICHALE
…..........................
JUDGE OF APPEAL
I certify that this is atrue copy of the original.
DEPUTY REGISTRAR