[2002] KECA 58 (KLR)
The Court of Appeal held that it could not proceed with the hearing of the appellant's criminal appeal, as the appellant, facing a capital sentence, was entitled to legal representation and his assigned counsel was absent without explanation. In the interests of justice and in accordance with established court...
Source-derived case information.
- Citation
- [2002] KECA 58 (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
- 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
Legal Issues
- 1 Whether the appellant can proceed with the appeal hearing in the absence of assigned counsel for a capital offence.
- 2 What action should be taken when assigned counsel fails to attend court without explanation.
Ratio Decidendi
The Court of Appeal held that it could not proceed with the hearing of the appellant's criminal appeal, as the appellant, facing a capital sentence, was entitled to legal representation and his assigned counsel was absent without explanation. In the interests of justice and in accordance with established court practice, the appeal was removed from the day's hearing list and adjourned to a future date to be fixed. The assigned counsel was ordered to provide a written explanation for his absence within 14 days, and the Deputy Registrar was directed to notify him of this order.
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
16 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