[2002] KECA 35 (KLR)
The Court determined that it could not proceed with the hearing of the appellant's criminal appeal because the appellant, facing a capital sentence, was entitled to legal representation and his assigned counsel was absent without explanation. In accordance with established practice and the right to a fair trial, the...
Source-derived case information.
- Citation
- [2002] KECA 35 (KLR)
- Parties
- Appellant: Cleophas Onyango Olajo; Respondent: Republic
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 120 of 2002
- Procedural Posture
- Criminal Appeal / Adjournment Before Hearing Due to Absence of Appellant's Counsel
- Outcome
- adjourned
- Legal Topics
- Right to Counsel, Capital Offences, Court Practice on Representation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Cleophas Onyango Olajo
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Adjournment Before Hearing Due to Absence of Appellant's Counsel
Legal Issues
- 1 Whether the appeal can proceed in the absence of the appellant's assigned counsel in a capital offence case.
- 2 What steps should be taken when assigned counsel fails to appear without explanation.
Ratio Decidendi
The Court determined that it could not proceed with the hearing of the appellant's criminal appeal because the appellant, facing a capital sentence, was entitled to legal representation and his assigned counsel was absent without explanation. In accordance with established practice and the right to a fair trial, the Court adjourned the hearing, removed the matter from the day's cause list, and directed that the counsel provide a written explanation for his absence within 14 days. The Deputy Registrar was ordered to notify the counsel of this requirement. The decision underscores the necessity of legal representation in capital cases and the procedural safeguards to ensure fairness.
Court Disposition
adjourned
Orders
- The appeal is taken out of today's hearing list and stood over to an early date to be refixed at the Registry.
- Mr. Ndege to give a written explanation to the Court as to his failure to attend court today within 14 days.
Full Case Text
Judgment text and source record
18 paragraphs
IN THE COURT OF APPEAL
AT NAIROBI
(CORAM: LAKHA, BOSIRE & KEIWUA JJ.A)
CRIMINAL APPEAL NO.120 OF 2002
BETWEEN
CLEOPHAS ONYANGO OLAJO ...................................APPELLANT
AND
REPUBLIC ..................................................................RESPONDENT
(Appeal from a judgement of the High Court of Kenya at Nairobi (Mr. Justice E. Owuor & S.O. Oguk JJ.) dated 18th November 1997
in H.C.CR.A. NO.1043 of 1997 ********************
ORDER OF THE COURT
The appellant's appeal is against conviction and sentence. As the sentence against the appellant is capital by the practice of this Court he is entitled to legal representation either at his expense if he can afford it or on a pro bono basis. The counsel who was assigned to him by this Court one Ndege, has not attended court today although he was duly notified. We do not have any explanation for his nonattendance.That being the case, and there being no other counsel present and ready to represent the appellant, we are unable to proceed with the hearing of this appeal. It is accordingly taken out of today's hearing list and stood over to an early date to be refixed at the Registry. Mr. Ndege to give a written explanation to the Court as to his failure to attend court today which explanation should reach us within 14 days from today's date. The Deputy Registrar to notify him of this order.
Made at Nairobi this 4th day of December, 2002
A.A. LAKHA .................... JUDGE OF APPEAL
S.E.O. BOSIRE ................... JUDGE OF APPEAL
M. OLE KEIWUA ..................... JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR